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(영문) 서울중앙지방법원 2017.09.20 2016나79825

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 1,857,988 as well as its full payment from July 6, 2011.

Reasons

1. Facts of recognition;

A. On November 18, 2009, the Defendant borrowed KRW 3,000,000 from the Changishing Loan Co., Ltd. at the rate of 49% per annum, setting the interest rate and delay damages rate as 49% per annum.

B. As of July 6, 2011, the principal not repaid out of the above loans was KRW 1,857,988, and the Defendant was due to delay in performance from July 6, 201.

C. On January 31, 2012, Hump loan Co., Ltd.: (a) transferred each of the principal and interest of loan to the Plaintiff on February 22, 2014; (b) notified the Defendant on May 23, 2014; and (c) the said notification reached around that time.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, a transferee of the claim, delay damages calculated at the rate of 39% per annum, as sought by the Plaintiff, within the scope of the agreed interest rate of 1,857,988 won and delay damages from July 6, 201 to the date of full payment.

3. Thus, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance, which has different conclusions, is unfair, so it is revoked, and the defendant is ordered to order the payment of the above money, and it is so decided as per Disposition.