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(영문) 서울중앙지방법원 2020.11.18 2020나4866
양수금
Text

The judgment of the first instance shall be revoked.

The defendant shall pay to the plaintiff KRW 1,610,695 and shall pay to the plaintiff the full amount from August 18, 2017.

Reasons

1. Facts of recognition;

A. On October 16, 2013, C Co., Ltd (hereinafter “Nonindicted Company”) entered into a loan agreement with the Defendant on a lending limit of KRW 3,000,000, interest rate of KRW 38.81 per annum, and interest rate of delay damages rate of KRW 38.81 per annum, and the lending period of October 16, 2016, with the Defendant as of October 16, 2016. The Defendant loans KRW 1,00,000 on October 16, 2013, and KRW 2,00,000 on January 16, 2014, respectively.

B. The Defendant did not pay the loan principal amount of KRW 1,610,695 and interest accrued after August 18, 2017, at the time of paying part of the loan principal and interest to the Nonparty Company.

C. Meanwhile, around October 31, 2014, the non-party company transferred the above principal and interest of loan to the Plaintiff, and notified the Defendant of the assignment of the loan by content-certified mail around November 7, 2014.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, 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 1,610,695, and to pay interest or delay damages calculated at the rate of 12% per annum for the plaintiff within the scope of interest rate of the above agreement or delay damages from August 18, 2017 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.

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