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(영문) 서울중앙지방법원 2017.09.19 2017나36108

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant: (a) KRW 1,000,000 for the Plaintiff and its related thereto from November 17, 201 to September 2017.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, 4, and 6, E&P loan corporation (hereinafter the trade name was changed to a social loan corporation after E&P was changed) decided on September 21, 201 on September 21, 201 and lent KRW 1,00,000 to the defendant as of September 21, 201 (hereinafter "the instant loan"), and the above company on May 31, 2012 to the YP loan corporation, to the YP loan corporation, and the YPP loan corporation on February 22, 2014 to the defendant on February 22, 2014 (the name of the plaintiff was changed to the plaintiff), and all of the loan claims were transferred to the defendant on March 20, 2014 to the YP loan corporation and YPP loan corporation were notified to the defendant on the repayment date of the loan, and the plaintiff can fully recognize the fact that the loan was made to the defendant on March 111,

Thus, the defendant is obligated to pay to the plaintiff, the transferee of the loan claim of this case, interest and delay damages calculated at the rate of 6% per annum under the Commercial Act until September 19, 2017 and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, since the day after November 17, 201, which included the purport of modifying the purport of the claim of this case from November 17, 201, the day following the date of final repayment to the defendant. Thus, the plaintiff's claim of this case seeking this payment must be accepted for the reasons.

The judgment of the court of first instance that differs from this conclusion has become final and conclusive as a result of the plaintiff's submission of evidence that corresponds to the cause of the claim, and thus, the court of first instance revokes this and ordering the payment of the above money.

With respect to the burden of litigation costs, the first instance court dismissed the claim due to the failure of the plaintiff to submit evidence that corresponds to the cause of the claim at an appropriate time.