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(영문) 서울중앙지방법원 2020.05.20 2019나81430
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 848,607 and KRW 769,541 among the Plaintiff’s KRW 849,541, Nov. 9, 2019.

Reasons

1. Facts of recognition;

A. On November 24, 2016, Nonparty C Co., Ltd. loaned KRW 5,000,000 to the Defendant at an annual interest rate of 25.9% per annum and 24 months during the lending period.

B. The above loan principal and interest claim was transferred to the Plaintiff on March 8, 2019, and the assignment of claims was also notified by content-certified mail on March 12, 2019.

C. The principal and interest of the outstanding loan as of May 14, 2019 is KRW 848,607, and the principal is KRW 769,541 among them.

[Based on the recognition] The written evidence Nos. 1 through 3, and the response of the order to submit financial transaction information to the President of the IBK in this Court

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 12% per annum from November 9, 2019 to the date of delivery of a copy of the instant complaint to the date of full payment, as claimed by the Plaintiff, with respect to KRW 848,607, and the principal amount of KRW 769,541.

3. The plaintiff's claim for conclusion must be accepted on the ground of the reasons.

The judgment of the court of first instance, which has different conclusions, is unfair and thus revoked, and order the defendant to pay the above amount.

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