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(영문) 서울중앙지방법원 2018.05.31 2017나23164
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 41,318,645 and KRW 8,00,00 among the Plaintiff’s KRW 41,318,645 as well as the Plaintiff’s KRW 5,00,00.

Reasons

1. Facts of recognition;

A. On November 11, 1994, the Defendant borrowed 150 million won at the interest rate of 15% per annum, 20% per annum, 20% per annum, 25% per month from the date of payment of interest, 10% of the borrowed amount every year from the date of borrowing, and 60% of the balance at maturity.

B. On June 18, 2010, Dongyang Life Insurance Co., Ltd. transferred each of the loan claims against the Defendant to Korea on October 18, 2013, and to the Defendant on April 13, 2015, by notifying the Defendant of the fact of the transfer of each of the above assignment of claims by mail to the Defendant on May 6, 201, respectively.

C. The principal and interest of the foregoing loan claim is KRW 41,318,645 as of September 21, 2016 (i.e., principal amount of KRW 8,000,000 (=interest of KRW 33,318,645).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 41,318,645 of the principal and interest of the above loan claim and KRW 8,000,000 of the principal among them, as sought by the Plaintiff, 15% per annum from January 5, 2017 following the delivery of the copy of the instant complaint to the day of full payment.

3. The plaintiff's claim is justified, and the judgment of the court of first instance is unfair with different conclusions, and it is so decided as per Disposition by ordering the defendant to cancel it and order the payment of the above amount.

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