beta
(영문) 서울중앙지방법원 2017.11.15 2017나31431

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 2,00,000 as well as the full payment with respect thereto from August 17, 2015.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Nos. 1 through 4, the Defendant borrowed KRW 2,000,000 from the Love Loan Co., Ltd. on July 17, 2015 at the interest rate of 34.9% per annum and interest rate for delay delay. The Defendant did not repay obligations under the above loan contract after August 17, 2015, and the Defendant did not repay obligations under the above loan contract. The Love Loan Co., Ltd. transferred the above claims against the Defendant to the Plaintiff on November 30, 2015, and notified the Defendant of the assignment of claims on December 7, 2015, respectively.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 2,00,000 and damages for delay calculated at the rate of 34.9% per annum from August 17, 2015 to the date of full payment.

2. If so, the plaintiff's claim is accepted for the reasons, and the judgment of the court of first instance is unfair for the conclusion, and it is so decided as per Disposition by the court below to cancel it and order the defendant to pay it.