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(영문) 서울중앙지방법원 2017.04.18 2016나79917

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 1,664,364 as well as full payment with respect thereto from July 11, 2011.

Reasons

Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2, the Defendant: (a) extended KRW 2,00,000 from the Business Love Loan Co., Ltd. on August 16, 2010; (b) extended the lending period of KRW 2,00,000 on August 16, 2012; (c) interest rate and delay damages rate of KRW 39% per annum; (d) on March 30, 2012, the Business Love Loan Co., Ltd.; (e) transferred the foregoing loan claim to the business Logs Loan Co., Ltd.; (e) on February 22, 2014, the business Logs Loan Co., Ltd. transferred each of the Plaintiff on May 23, 2014; (e) notified the Defendant of the assignment of claims on May 23, 2014; and (e) the principal that the Defendant failed to pay as of July 11, 20

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,64,364, and the amount calculated by the rate of 39% per annum from July 11, 2011 to the date of full payment, which is the agreed interest rate and interest rate for delay.

If so, the plaintiff's claim shall be accepted on the ground of the reason.

The judgment of the first instance court is unfair in conclusion, and thus, it accepted the plaintiff's appeal and revoked it, and ordered the defendant to pay the above money.