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(영문) 서울서부지방법원 2018.09.20 2018나30225

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,369,494 as well as full payment with respect thereto from April 29, 2017.

Reasons

1. Facts of recognition;

A. On September 2, 2015, the original loan Co., Ltd. (hereinafter “Nonindicted Company”) granted a loan of KRW 3,000,000 to the Defendant on September 2, 2015, setting the loan interest rate of KRW 34.9% per annum and overdue interest rate of KRW 34.9% per annum.

(hereinafter “instant claim”). (b)

On December 8, 2016, the non-party company transferred the instant claim to the Plaintiff, and the Plaintiff delegated the authority to notify the assignment of claims by the non-party company, on October 27, 2017, notified the Defendant of the fact of the said assignment of claims by serving a duplicate of the instant complaint on the non-party company.

C. Only until April 28, 2017, the Defendant repaid the principal and interest of the instant claim and lost the benefit of time thereafter. As of April 28, 2017, the instant claim remains in KRW 2,369,494.

[Ground of recognition] Facts without dispute, Gap 1-4, 6, 7, 9, 11, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant claim, the amount of KRW 2,369,494 as well as damages for delay calculated at the rate of KRW 34.9% per annum, which is the rate of delay damages from April 29, 2017 to the date of full payment.

3. Conclusion, the plaintiff's claim of this case should be accepted as reasonable.

Since the judgment of the court of first instance is unfair in conclusion with different conclusions, it is so decided as per Disposition by accepting the plaintiff's appeal and cancelling the judgment of the court of first instance and ordering the defendant to pay the above money.