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(영문) 서울중앙지방법원 2017.09.22 2017나31806
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 1,334,938 as well as its full payment from September 16, 2014.

Reasons

According to the evidence evidence Nos. 1 through 5, a social loan company A&P transferred the instant loan claim to the Plaintiff on February 22, 2014 (which was changed from A&P loan to its trade name as of April 22, 2014), and on January 25, 2010, the Defendant lent KRW 3,000,000 as of January 25, 2013 (hereinafter “instant loan”). The amount remaining as of December 31, 2010, the Plaintiff can be recognized as having given the remainder of the loan to the Defendant on March 20, 2014, based on the following facts: (a) the Defendant transferred the instant loan claim to the Plaintiff (which was changed to the Defendant on April 22, 2014; and (b) the Plaintiff notified the Defendant of the remainder of the transfer on March 20, 2014; and (c) the amount remaining as of March 31, 2014.

Therefore, the Defendant, as the final transferee of the instant loan claim, is obligated to pay to the Plaintiff the remaining principal of the instant loan amounting to KRW 1,334,938 and damages for delay calculated at the rate of 39% per annum as sought by the Plaintiff within the scope of the agreed delay damages from September 16, 2014 to the date of full payment.

Therefore, the plaintiff's claim of this case is accepted on the ground of its reasoning, and since the judgment of the court of first instance is unfair on the ground of its conclusion, the plaintiff's appeal is accepted, and the judgment of the court of first instance is revoked and the defendant is ordered to pay the above amount.

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