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(영문) 서울중앙지방법원 2015.05.06 2015나4527
양수금
Text

1. Revocation of a judgment of the first instance;

2. As to KRW 9,671,345 and KRW 3,595,719 among the Plaintiff, the Defendant shall pay to the Plaintiff on July 11, 2014.

Reasons

1. On April 8, 2008, E&P-based social companies established a loan to the Defendant on April 8, 2008, with a limit of KRW 7 million, KRW 3 million for initial use, and April 8, 2011 (after this, changed to November 14, 201).

On April 30, 2010, E&A transferred the principal and interest of loan to the Defendant, and at that time notified the Defendant of the assignment of credit.

On June 21, 2013, Bosg Capital Co., Ltd. transferred the principal and interest interest claim against the Defendant to the Plaintiff, and at that time notified the Defendant of the assignment of the claim.

Meanwhile, the loan principal remaining as of July 10, 2014 is KRW 3,595,719, interest or delay damages is KRW 6,075,626, and the agreed delay damages rate is KRW 17% per annum.

[Grounds for recognition] Gap 1 to 5, the purport of the whole argument

2. If so, the Defendant is liable to pay to the Plaintiff the principal amount remaining as of July 10, 2014 KRW 9,671,345 ( principal principal amount of KRW 3,595,719 or delay damages amount of KRW 6,075,626) and delay damages for the principal amount of KRW 3,595,719.

The judgment of the first instance, which differs from this conclusion, shall be revoked unfairly, and it is so decided as per Disposition by accepting the plaintiff's appeal.

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