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(영문) 서울중앙지방법원 2020.09.10 2020나4835

양수금

Text

The judgment of the first instance shall be revoked.

The defendant shall pay to the plaintiff KRW 16,236,302 and KRW 7,756,09, respectively, from January 16, 2019.

Reasons

1. Basic facts

A. C Co., Ltd (hereinafter “Nonindicted Company”) implemented a loan to the Defendant on March 20, 2013 under the following conditions:

* The lending limit amount: 10,000,000 won* The lending rate: 38.81% per annum * The lending limit amount: March 20, 2016.

On February 27, 2015, Nonparty Company transferred the above principal and interest of loan to the Plaintiff, and notified the Defendant of the transfer thereof. At the time, Nonparty Company reached KRW 7,756,099 of the outstanding principal and interest of loan to the Defendant.

C. Since then, the Defendant’s principal of the loan was not repaid at all, and the sum of the principal and interest of the loan was KRW 16,236,302 as of January 15, 2019.

[Grounds for Recognition] Entry of Evidence A Nos. 1 through 6, response to financial transaction information of D Co., Ltd.

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 38.81% per annum from January 16, 2019 to the date of full payment of the principal and interest of loans of KRW 16,236,302 and the principal of the loans of KRW 7,756,09.

3. The judgment of the court of first instance, which dismissed the plaintiff's claim, cannot be maintained differently from this conclusion.

The plaintiff's appeal is accepted and the judgment of the first instance is revoked, and the amount recognized earlier is ordered to be paid to the defendant.