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(영문) 서울북부지방법원 2020.02.04 2019나37067
양수금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 2,628,02 and KRW 2,254,862 among them.

Reasons

1. Facts of recognition;

A. On April 14, 2016, the Defendant entered into a loan agreement with C Co., Ltd. (hereinafter “C”) with the following contents (hereinafter “instant loan”). On the same day, the Defendant borrowed KRW 4 million from C to D (E) account in the name of the Defendant.

(h) Future loan number: F loan amount: 4 million won loan repayment method: Interest rate on loan repayment method (three months of grace period, 27 months of grace period): 25.9% per annum (27.4% per annum);

B. Under the instant loan agreement, the Defendant paid C the principal and interest by January 15, 2018.

C. On March 20, 2018, C entered into an asset acquisition agreement with the Plaintiff to transfer the instant loan claim to the Plaintiff (2,254,862 won of the principal of the debt as at February 28, 2018 as at the date of transfer, overdue interest, 373,160 won), and around that time, C notified the Defendant of the assignment of the claim.

[Ground of recognition] Evidence No. 1-1, Evidence No. 3-9, Evidence No. 3-9, Results of the order of the court of first instance to submit financial transaction to D Co., Ltd., C of the court of first instance, the result of the order of submission of financial transaction to D, the purport of the whole pleadings

2. According to the purport of the above facts of recognition and the entire pleadings, the Defendant is obligated to pay to the Plaintiff, a transferee of the instant loan claim of this case the interest rate of 2,628,022 won (i.e., principal amount of KRW 2,254,862) as of February 28, 2018 and interest rate of KRW 2,254,862, which is the rate of interest calculated by the agreement that the Plaintiff seeks from March 1, 2018 to the date of full payment, for the principal amount of KRW 2,254,862.

3. If so, the plaintiff's claim of this case is reasonable, and the judgment of the court of first instance is unfair with some different conclusions. Thus, it is decided to accept the plaintiff's appeal and change the judgment of the court of first instance as ordered.

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