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(영문) 서울동부지방법원 2015.03.04 2014나21658

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 3,164,31 and KRW 932,02 among the Plaintiff and the Plaintiff’s KRW 10,00,000.

Reasons

1. As to the cause of claim

A. Fact-finding 1) On Aug. 28, 2003, the Korea Exchange Bank set the repayment date to the Defendant on Mar. 30, 2004; and 23.916% per annum; and 932,002 won was lent by substitute loans to the Defendant of the Korea Exchange Bank (hereinafter “Korea Exchange Bank”); 2) on Oct. 31, 2005, the above loan claims against the Defendant of the Korea Exchange Bank against the Defendant of the Korea Exchange Bank were transferred in sequence to the social company that took place on Oct. 31, 2005; 31, Oct. 31, 2010; e.g., Tychin Loan Co., Ltd.; and each of the above assignment claims was notified to the Defendant at that time.

3) The remaining principal and interest of the loan claim is KRW 3,164,31 as of January 9, 2012, the sum of KRW 932,02,02, interest for arrears, etc. 2,232,329, and interest for arrears, etc. 3,164,31. [The entry of the evidence A of subparagraphs 1 through 4, and the purport of the whole pleadings,

B. Therefore, the Defendant is obligated to pay to the Plaintiff, a final assignee, the remaining principal and interest of KRW 3,164,31 and the principal of KRW 932,00,00,000, calculated at the rate of 20% per annum from January 10, 2012 to the date of full payment, which is the day following the date of final calculation of interest, to the Plaintiff.

2. Thus, the plaintiff's claim is accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion, and it is so decided as per Disposition by ordering the defendant to pay the above money.