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(영문) 서울중앙지방법원 2020.09.11 2020나4880
양수금
Text

1. In accordance with the reduction of claims in the trial court, the judgment of the first instance is modified as follows.

The defendant shall make the plaintiff 3,961.

Reasons

1. Facts of recognition;

A. C Co., Ltd. extended a loan to the Defendant on January 15, 2013 at the rate of KRW 3,961,315 per annum, 23.4% per annum, and 33.4% per annum.

(hereinafter “instant loans”). (b)

From November 14, 2013, the Defendant delayed the payment of the principal of the instant loan.

C. On July 28, 2016, C Co., Ltd. transferred the instant loan claims to the Plaintiff, and notified the Defendant of the assignment of claims on August 17, 2016.

[Grounds for recognition] Gap evidence Nos. 1, 2, and 6, and the results of the inquiry into the financial transaction information of the D Bank, the purport of the whole pleadings.

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff, the transferee of the instant loan claim, the amount of KRW 3,961,315 of the principal of the loan claim of this case, and damages for delay calculated at the rate of 33.4% per annum, which is the interest rate on delayed payment from November 14, 2013 to the date of complete payment.

3. In conclusion, the plaintiff's claim of this case that was reduced in the court of first instance as seeking its implementation is justified, and the judgment of the court of first instance is unfair in conclusion, and it is so decided as per Disposition by the court of first instance to accept the plaintiff's appeal and to revise it as per Disposition 1.

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