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(영문) 서울북부지방법원 2020.02.18 2019나33119
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 1,923,30 and KRW 1,700,608 among the Plaintiff and the Plaintiff’s KRW 1,70,608 on December 1, 2017.

Reasons

1. Facts of recognition;

A. On September 26, 2016, the Defendant entered into a loan agreement with C Co., Ltd. (hereinafter “C”) with the following content (hereinafter “instant loan”), and borrowed KRW 2 million from C.

(h) Future loan number: 2 million won loan repayment method: Interest rate per equal interest rate (36 months of loan period, 75,247 won per month, 25 days per month): 20.9% per annum (27.9% per annum per annum);

B. The Defendant paid the principal and interest to C in accordance with the instant loan agreement.

C. On December 20, 2017, C entered into an asset acquisition agreement with the Plaintiff to transfer the instant loan claim to the Plaintiff (as of November 30, 2017 as of the date of transfer, KRW 1,700,608 overdue interest of KRW 222,722). Around that time, C notified the Defendant of the assignment of the claim.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 6, C of the trial court, and the result of each order to submit financial transactions to the E organization, the purport of the whole pleadings

2. According to the aforementioned facts of recognition and the purport of the entire pleadings, the Defendant is obligated to pay to the Plaintiff who acquired the instant loan claims of this case the interest rate of 20.9% per annum, which is the agreement rate of 1,923,30 won (i.e., the principal amount of the instant loan of KRW 1,700,608, overdue interest of KRW 222,722) as of November 30, 2017 and the principal amount of the instant loan of KRW 1,70,600,608 among them, from December 1, 2017 to the date of full payment.

3. If so, the plaintiff's claim of this case is reasonable, and the judgment of the court of first instance is unfair with different conclusions, and the judgment of the court of first instance is revoked and it is so decided as per Disposition.

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