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(영문) 서울중앙지방법원 2020.10.21 2019나73194
양수금
Text

The judgment of the first instance shall be revoked.

The defendant shall pay to the plaintiff KRW 6,00,000 and shall pay to the plaintiff the full amount from August 2, 2018.

Reasons

1. Facts of recognition;

A. C Co., Ltd (hereinafter “Nonindicted Company”) extended a loan of KRW 6,000,000 to the Defendant on June 25, 2018 at an interest rate of KRW 23.9% per annum and interest rate for delay, and on June 25, 2021.

B. On July 27, 2018, the non-party company re-loans KRW 6,00,000 to the Defendant on August 1, 2018 under the same conditions as the transfer.

C. From August 2, 2018, the Defendant delayed the payment of interest on the loan, and thereby lost the benefit of time.

On December 4, 2018, Nonparty Company transferred the above principal and interest of loan to the Plaintiff, and notified the Defendant of the transfer of such credit on or around December 10, 2018.

[Ground of recognition] Gap evidence Nos. 1, 2, and 3, and the result of this court's response to the order to submit financial transaction information to D Co., Ltd., 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 6,00,000,000 and interest or delay damages calculated at the rate of 23.9% per annum pursuant to the agreement from August 2, 2018 to the date of full payment, which is the day following the date of delinquency in 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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