logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.18 2020나1485
양수금
Text

The judgment of the first instance shall be revoked.

The defendant shall pay to the plaintiff KRW 8,973,112 as well as its full payment from October 31, 2014.

Reasons

1. Facts of recognition;

A. C Co., Ltd (hereinafter “Nonindicted Company”) loaned KRW 9,00,000 to the Defendant on December 11, 2013 by setting the lending period up to December 11, 2016, at the interest rate of 29.9% per annum, 38.81% per annum, and 38.81% per annum, and the lending period up to December 11, 2016.

B. The Defendant did not pay the loan principal amounting to KRW 8,973,112 and interest accrued after October 31, 2014.

C. Meanwhile, around January 30, 2015, the non-party company transferred the above principal and interest of loan to the Plaintiff, and notified the Defendant of the fact of the assignment of loan by way of content-certified mail around February 13, 2015.

[Ground of recognition] The entry of Gap evidence Nos. 1 through 5, the result of the response of the order to submit financial transaction information to Eul Co., Ltd., and the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff who acquired the above principal and interest of loan amounting to KRW 8,973,112 and interest or delay damages calculated at the rate of 12% per annum for the plaintiff within the scope of interest rate or delay damages calculated from October 31, 2014, which is the date of delinquency, to the date of complete payment.

3. Thus, the plaintiff's claim should be accepted on the ground of its reasoning.

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

arrow