beta
(영문) 서울서부지방법원 2018.08.17 2018나30119

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 1,991,329 as well as the full payment with respect thereto from June 27, 2017.

Reasons

1. Facts of recognition;

A. On December 6, 2013, Hing Loans Co., Ltd. (hereinafter “Sing Company”) granted a loan of KRW 2,000,000 to the Defendant, and set the lending limit of KRW 3,000,000,000 on December 6, 2016, the expiration date of which was December 6, 2016; and the lending interest rate and delay damages rate of KRW 27.9% per annum.

(hereinafter “instant claim”). (b)

On December 8, 2016, Nonparty Company transferred the instant claim to the Plaintiff, and notified the Defendant of the fact of transferring the said claim, around May 31, 2018, by the Plaintiff, who was delegated by Nonparty Company with the authority to notify the assignment of claim.

C. The Defendant repaid the principal and interest of the instant claim by June 26, 2017, and as of June 27, 2017, the instant claim remains in KRW 1,91,329.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 6, 7, Gap evidence 8-1, 2, and Gap evidence 9 through 12, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Plaintiff lawfully acquired the instant claim from the Nonparty Company. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 27.9% per annum, which is the agreed damages rate for delay from June 27, 2017 to the date of full payment.

3. If so, the plaintiff's claim of this case should be accepted as reasonable.

Since the judgment of the court of first instance is unfair in conclusion with different conclusions, it is so decided as per Disposition by accepting the plaintiff's appeal and cancelling the judgment of the court of first instance and ordering the defendant to pay the above money.