beta
(영문) 서울북부지방법원 2018.05.16 2017나37599

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 8,020,981 as well as KRW 4,519,451 as to the Plaintiff on November 18, 2016.

Reasons

Facts of recognition

On January 24, 2013, the Defendant received a loan (hereinafter “instant loan”) by setting KRW 5,00,000 from the E-In-House Savings Bank (hereinafter “E-In-House Savings Bank”) as 38.9% per annum of interest rate and overdue interest rate, 60 months during the lending period, and repayment method in equal repayment method of the principal and interest (hereinafter “instant loan”).

On November 27, 2014, AH Savings Bank transferred the claim for the instant loan to the Plaintiff, and then sent notice of the assignment to the Defendant by document proving the contents of the assignment.

As of November 17, 2016, the sum of the principal and interest of the instant loan claims is KRW 8,020,981 (= Principal KRW 4,519,451 or delay damages KRW 3,501,530).

[Grounds for recognition] According to the facts stated in Gap evidence Nos. 1 through 4, the response to the order to submit financial transaction information to the Ef Savings Bank and the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff interest or delay damages calculated at the rate of 38.9% per annum, which is the agreement, for the total sum of the principal and interest of the loan claim of this case and the principal amount of KRW 8,020,981, and for the principal amount of KRW 4,519,451, among them, from November 18, 2016 to the date of full payment.

Thus, the plaintiff's claim of this case shall be accepted on the ground of the reasons.

The judgment of the court of first instance, which differs from this conclusion, is unfair, so the court of first instance revokes this and ordering the payment of the said money.