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(영문) 서울북부지방법원 2019.12.24 2019나35856
양수금
Text

1. The part of the judgment of the court of first instance against the plaintiff shall be revoked.

The defendant shall pay KRW 531,394 to the plaintiff.

2. Action.

Reasons

1. The scope of the trial at this court rendered a claim for interest of KRW 8,241,512 (i.e., the remaining principal and interest of KRW 3,565,050 as of Nov. 12, 2018 (i.e., interest of KRW 456,774, Jul. 16, 2015 until Nov. 12, 2018) and interest of KRW 3,565,05,050 as of KRW 34.9% per annum from Nov. 13, 2018; however, the court of first instance dismissed the claim for interest of KRW 3,565,050 as of the remaining principal and interest of KRW 74,50 as of July 15, 2015 from July 16, 2015 to November 16, 2015; however, the court of first instance dismissed the claim for interest of KRW 3,565,050 as of the remaining principal and interest of KRW 47.7.745%.

2. Basic facts

A. On July 21, 2014, the Defendant entered into a loan transaction agreement with C Co., Ltd. (hereinafter “C”) and received a loan of KRW 4 million from C (hereinafter “instant loan”).

(h) Loans extended: The loan interest rate on July 21, 2018: 34.9% per annum (the interest rate shall be 34.9% per annum): Repayment of principal and interest (the principal and interest shall be repaid in accordance with the repayment schedule attached to the date of a monthly agreement, but may vary according to the repayment schedule, the repayment schedule may be changed according to the actual payment date and the amount of payment, and the remaining principal and interest shall be settled at the maturity of the transaction at the time of termination of maturity).

B. The remainder of the principal at the time of July 15, 2015 is KRW 3,565,050 for the instant loan claim, and the remainder is KRW 74,620 for the remainder of the expenses, and KRW 456,774 for the remainder of the expenses.

C. On July 16, 2015, C entered into an asset acquisition agreement between the Plaintiff and the Plaintiff to transfer the instant loan claim (as of July 15, 2015, the date on which the credit became final and conclusive) and notified the Defendant of the transfer, and sent it to the Defendant.

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