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(영문) 서울중앙지방법원 2017.12.06 2017나32380

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,741,303 and its payment from January 20, 2016.

Reasons

1. Facts of recognition;

A. On April 17, 2015, Nonparty Incorporated Co., Ltd. (hereinafter “Nonindicted Company”) entered into a loan transaction agreement with Defendant on a lending limit of KRW 3,000,000 (the first used amount of KRW 3,000,000), interest rate and delay damages rate of KRW 34.9% per annum, each year, on April 17, 2018, with a lending maturity of KRW 34.9% per annum, the lending maturity of April 17, 2018, the settlement date of the settlement date, and the repayment method of the principal and interest equal.

(hereinafter “instant loan agreement” and “the instant loan claim” under the instant loan agreement. B.

On October 8, 2014, Nonparty Company loaned KRW 3,000,000 to the Defendant.

C. By September 9, 2015, the Defendant repaid part of the principal amount of the instant loan claims. By January 19, 2016, the Defendant paid only interest on the instant loan claims, but thereafter lost the benefit of time due to delinquency in the repayment of the principal and interest of the instant loan claims. The loan principal under the instant loan contract based on January 19, 2016 is KRW 2,741,303.

On May 4, 2016, Nonparty Company transferred the instant loan claim to the Plaintiff.

E. Meanwhile, while entering into the instant loan contract, the Defendant consented to the transfer, trust, or provision of security of all rights of the non-party company against the Defendant under the instant loan contract to a third party according to the present and future loans and other loan agreements against the Defendant.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 to 3 and 5, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is paying interest at the rate of 34.9% per annum to the Plaintiff, who is a legitimate transferee of the instant loan claim, at the rate of interest rate of 2,741,303 won of the principal of the instant loan claim and interest rate of 34.9% per annum from January 20, 2016 to the date of full payment, which is the day following the date of final payment of interest under the instant loan contract.