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(영문) 서울중앙지방법원 2017.09.22 2017나32304
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,317,398 as well as full payment with respect thereto from January 28, 2012.

Reasons

According to the statement in Gap evidence Nos. 1 through 5, on July 29, 2010, it lent KRW 10,000, interest rate of KRW 44,000 per annum, interest rate of KRW 44% per annum, and interest rate of KRW 3,00,000 per annum on July 29, 2015 (hereinafter "the instant loan"), and on September 28, 2012, the above company transferred the instant loan claim to the defendant on the order of transfer on February 22, 2014, and notified the defendant of the above transfer on or around July 22, 2014, and the plaintiff is fully repaid the remainder of the principal amount of KRW 2,317,398 as of January 27, 2012.

Therefore, the Defendant, as the final transferee of the instant loan claim, is obligated to pay to the Plaintiff the agreed interest or delay damages calculated at the rate of 39% per annum as sought by the Plaintiff within the agreed interest rate or delay damages rate from January 28, 2012 to the date of full payment.

Therefore, the plaintiff's claim of this case is accepted on the ground of its reasoning, and since the judgment of the court of first instance is unfair on the ground of its conclusion, the plaintiff's appeal is accepted, and the judgment of the court of first instance is revoked and the defendant is ordered to pay the above amount.

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