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(영문) 서울중앙지방법원 2020.10.29 2019나81386
양수금
Text

The judgment of the first instance shall be revoked.

The defendant shall pay to the plaintiff KRW 3,00,000 and shall pay to the plaintiff the full amount from July 27, 2017.

Reasons

1. Facts of recognition;

A. The Defendant borrowed KRW 3,00,000 from C Co., Ltd. on January 20, 2015, KRW 3,000,000 on September 26, 2016, and KRW 3,000,00 on March 31, 2017, at each interest rate and interest rate of KRW 27.9% per annum.

From July 27, 2017, the defendant delayed to pay each of the above loans, and the remaining principal amount is KRW 3,000,000 in total.

B. On December 4, 2017, C Co., Ltd. transferred each of the above loans to the Plaintiff to the Defendant, and notified the Defendant of the transfer.

[Ground of Recognition: Facts without dispute, entry of Gap evidence 1, 2, and 3, results of fact inquiries into D groups, E banks, and F banks, the purport of the whole pleadings]

2. According to the judgment and the facts of the above recognition, the Defendant is obligated to pay the Plaintiff the remaining loans of KRW 3,000,000 and damages for delay calculated by the rate of KRW 27.9% per annum from July 27, 2017 to the date of full payment.

If so, the plaintiff's claim is reasonable, and the judgment of the court of first instance is unfair with a different conclusion, so it is revoked and order the defendant to pay the above money.

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