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(영문) 서울중앙지방법원 2015.10.21 2015나14432
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. Facts of recognition;

A. On March 11, 2008, Industrial Complex Loan Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “Nonindicted Company”) loaned KRW 2,000,000 to the Defendant, starting from that time, and repeated loans and partial repayment through several times until August 4, 2011, from that time, the remainder of the loan was KRW 4,00,000 on August 4, 201.

B. After that, on December 27, 2012, Nonparty Company transferred the above loan claims to the Plaintiff and notified the Defendant of such transfer on or around June 16, 2014.

C. From December 12, 2013, the Defendant delayed to repay the principal and interest of the loan. The principal and interest of the loan as of September 16, 2014, based on which the Plaintiff applied for the instant payment order, is KRW 6,118,725 (= principal, KRW 3,561,462 agreed interest or overdue interest KRW 2,557,263), and the overdue interest rate is KRW 36.5% per annum.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 3, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, a transferee of the above loan loans the interest rate of 36.5% per annum, which is the overdue interest rate of 36.5% from September 17, 2014 to the date of full payment, as to the principal amount of 6,18,725 won and the balance of 3,561,462 won.

3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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