logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.18 2017나26507
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 9,462,172 and KRW 1,694,303 among the Plaintiff and the Plaintiff’s KRW 1,69,303, January 5, 2017.

Reasons

1. Facts of recognition;

A. On around 1996, the Defendant lent KRW 3,00,000 to the Dongyang Life Insurance Co., Ltd. at KRW 3,00,000, the loan period of three years, repayment method of three years, lump-sum redemption, interest rate of 15% per annum, and damages for delay at KRW 20,000 per annum.

(hereinafter “The instant loan credit”). (b)

The instant loan claims were transferred to Korea, on June 14, 2010, to MCC Loan Co., Ltd. on October 8, 2013, respectively, to the Plaintiff on April 17, 2015, and the said assignment of claims was notified to the Defendant.

C. As of September 12, 2016, the principal and interest of the instant loan claims are KRW 9,462,172 (= principal principal KRW 1,694,303 KRW 7,767,869).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, 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 instant claim the amount of KRW 9,462,172 as well as the principal amount of KRW 1,694,303 as of the date following the above basic date, the damages for delay calculated at the rate of 15% per annum from January 5, 2017 to the date of full payment, which is the day following the delivery of a copy of the instant complaint sought by the Plaintiff.

Therefore, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion, and it is so decided as per Disposition by cancelling the judgment of the court of first instance and ordering the defendant to pay the above amount.

arrow