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(영문) 서울중앙지방법원 2020.10.15 2019나81393

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 1,952,550 as well as the full payment with respect thereto from March 28, 2017.

Reasons

1. Facts of recognition;

A. C Co., Ltd (hereinafter “Nonindicted Company”) rendered a loan (hereinafter “instant loan”) to the Defendant on May 2, 2016, setting the lending limit of KRW 2,00,000, agreed rate of KRW 27.9% per annum, and interest rate of delay delay rate of KRW 27.9% per annum, and May 2, 2020 as of the expiration date of the loan (hereinafter “instant loan”).

B. According to the instant loan, Nonparty Company remitted KRW 2,00,000 to the Defendant on May 2, 2016, and KRW 500,000 on May 12, 2016, and KRW 400,000 on May 30, 2016, and KRW 70,000 on June 2, 2016.

C. From March 28, 2017, the Defendant delayed the repayment of the instant loan from March 28, 2017, and the remaining principal of the loan that remains unpaid is KRW 1,952,550 as of March 28, 2017.

On August 2, 2017, Nonparty Company transferred the above loan claims to the Plaintiff, and around August 4, 2017, Nonparty Company notified the Defendant of the assignment of claims by content-certified mail.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, D of this Court, and each financial transaction information reply to Eul, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated by the agreement rate of KRW 1,952,550, and the interest or delay damages rate of KRW 27.9% per annum, which is the interest rate and the delay damages rate, from March 28, 2017, which are the date of delinquency, to the date of full payment.

3. As such, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, and thus, it is revoked and the defendant is ordered to pay the amount of the above recognition.