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(영문) 서울중앙지방법원 2018.03.15 2017나33086

양수금

Text

1. Revocation of a judgment of the first instance;

2. The defendant shall pay to the plaintiff KRW 3,00,000 and shall pay to the plaintiff the full amount from January 6, 2012.

Reasons

1. Facts of recognition;

A. On November 3, 2013, E&P Co., Ltd. loaned money to the Defendant by setting the loan limit of KRW 5,000,000,000, the initial use amount of KRW 2,000,000, interest rate on loans and interest rate on delay damages rate of KRW 43.54% per annum on November 3, 2013.

Since then, the defendant was granted a loan of 5,000,000 won.

B. On August 31, 2012, the Gas Capital Loan Co., Ltd. received the above loan claims against the Defendant from the Social Loan Co., Ltd., Ltd., and on February 22, 2014, the Plaintiff received the above loan claims against the Defendant from the Gas Capital Loan Co., Ltd., and on behalf of the transferor, on February 22, 2014, the Plaintiff received the above loan claims against the Defendant, and on behalf of the transferor, notified the Defendant of the transfer of claims.

C. The principal of the foregoing loan claim is KRW 3,000,000 as of December 5, 201.

【Reason for Recognition】 Each entry of Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 3,00,000 per annum from January 6, 2012 to the date of full payment, calculated at the rate of 38.81% per annum, which is within the above agreed delay damages rate, 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.