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(영문) 서울중앙지방법원 2017.03.30 2017나1676

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 6,340,730 as well as its full payment from December 5, 2015.

Reasons

1. Facts of recognition;

A. On June 11, 2008, E&P created a loan to the Defendant with a limit of KRW 7,000,000, the first used amount of KRW 4,500,000, interest and interest interest interest at KRW 48.54% per annum.

B. On July 31, 2014, the Plaintiff transferred the above loan claims against the Defendant from the social company E&P, and notified the Defendant of the assignment of claims on August 19, 2014, and the said notification reached the Defendant around that time.

C. The principal of the loan credit is KRW 6,340,730 as of July 9, 2014.

【Reason for Recognition】 Each entry into evidence of subparagraphs A through 3, and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 38.81% per annum from December 5, 2015 to the date of full payment, as the Plaintiff seeks.

3. In conclusion, the plaintiff's claim of this case shall be accepted as it is reasonable, and since the judgment of the court of first instance is unfair with different conclusions, it shall be revoked and it shall be ordered to order the defendant to pay the above amount. It is so decided as per Disposition.