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(영문) 서울중앙지방법원 2020.04.08 2019나73279
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,993,110 as well as the full payment with respect thereto from September 20, 2017.

Reasons

The following facts can be acknowledged in full view of the purport of the entire pleadings in the statement Nos. 1 to 4.

① On February 12, 2015, C Co., Ltd., a registered credit service provider, extended a loan of KRW 3,000,000 to the Defendant at an annual interest rate of 34.9% and due date of repayment on February 12, 2018.

② The Defendant delayed the repayment of the principal and interest of the loan and lost the benefit of time, and the outstanding principal and interest of September 19, 2017 are KRW 2,93,110.

③ The above loan principal and interest claim was transferred in sequence to D Co., Ltd. on August 28, 2015, and to the Plaintiff on February 2, 2018, and each notice of assignment of claims was given around that time.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 2,93,110 as well as damages for delay calculated at the rate of 34.9% per annum, which is the agreed interest rate from September 20, 2017 to the date of full payment.

The plaintiff's claim is justified.

Inasmuch as the judgment of the first instance is unfair with different conclusions, the plaintiff's appeal is accepted, and the judgment of the first instance is revoked and the plaintiff's claim is accepted.

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