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(영문) 서울중앙지방법원 2020.05.27 2020나4804

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,989,708 as well as its full payment from April 16, 2014.

Reasons

1. Facts of recognition;

A. On July 11, 2012, Nonparty C Co., Ltd (hereinafter “Nonindicted Co., Ltd”) loaned KRW 2,000,000 to the Defendant by setting the interest rate of 38.81% per annum and the overdue interest rate of 38.81% per annum, and the lending period by July 11, 2015.

The above loan contract can freely repay the principal or re-loan within the limit of the loan, and the defendant paid the above loan in full on October 12, 2012.

On January 10, 2014, Nonparty Company re-loaned KRW 3,000,000 to the Defendant.

B. The foregoing loan principal and interest claim was transferred to the Plaintiff on April 16, 2014, and the assignment of claims was also notified by content-certified mail on August 19, 2014.

C. The Defendant did not pay the principal and interest since April 16, 2014, and the outstanding principal and interest of the loan are KRW 2,989,708.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated by the agreed interest rate of 2,989,708 won and the rate of 38.81% per annum, which is the agreed interest rate or the agreed interest rate from April 16, 2014 to the date of full payment.

3. The plaintiff's claim for conclusion must be accepted on the ground of the reasons.

The judgment of the court of first instance, which has different conclusions, is unfair and thus revoked, and order the defendant to pay the above amount.