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(영문) 서울중앙지방법원 2016.07.14 2015나59152
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On June 21, 201, Industrial and Loan Co., Ltd. loaned a loan to the Defendant at the rate of KRW 5 million (5 million), KRW 4 million (4 million), and KRW 36.5% (36.5%) of the loan interest rate.

B. On December 27, 2012, mountain and loan companies transferred the above principal and interest of loan to the Plaintiff. Around July 31, 2013, the Defendant notified the Defendant of the assignment of loan.

(c) The balance of the principal and interest of loans shall be 8,278,445 won as of April 20, 2015 (the principal 3,613,464 won among them);

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the agreed rate of 36.5% per annum from April 21, 2015 to the date of full payment, with respect to KRW 8,278,445 and the principal amount of KRW 3,613,464, which is the day following the calculation base date.

3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is justified, and the defendant's appeal is dismissed and it is so decided as per Disposition.

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