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Reasons
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(영문) 서울중앙지방법원 2021.02.17 2020나41261
양수금
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The judgment of the first instance is revoked.

The defendant shall pay to the plaintiff KRW 2,348,694 and shall pay to the plaintiff the full amount from June 4, 2009.

Reasons

1. Facts of recognition;

A. On May 8, 2002, C Co., Ltd. loaned 38.5% per annum to the Defendant at an interest rate of 38.5% per annum, 127.75% per annum, and the loan period of May 8, 2007 (hereinafter “the instant loan”).

B. From February 7, 2004, the Defendant delayed the repayment of the instant loan from around February 7, 2004, and the instant loan remains in KRW 2,348,694 as of the same day.

(c)

C Around March 31, 2006, D Co., Ltd. transferred gold claims under the instant loan doctrine to “E Co., Ltd. (the trade name was changed to May 17, 201)” (D Co., Ltd.) on or around February 22, 2014, the Plaintiff [the trade name at the time is FF Co., Ltd., and on March 10, 2014, G Co., Ltd., “F Co., Ltd., Ltd., as of March 13, 2014,” “F Co., Ltd., Ltd., as of March 13, 2014,” and the Plaintiff notified of the transfer of the instant loan doctrine by way of sending mail proving the content to the Defendant on April 23, 2014.

(d)

On the other hand, D Co., Ltd., the primary transferee of the instant loan claims filed a lawsuit against the Defendant at around 2009 A. 248340, the court below rendered a judgment on March 12, 2010 that "the Defendant shall pay to D Co., Ltd. the amount calculated at the rate of 48.54% per annum 48.54% per annum from June 4, 2009 to the date of full payment," and the above judgment became final and conclusive at around that time (hereinafter referred to as "the preceding judgment"). On October 29, 2019, the Plaintiff, the secondary transferee of the instant loan claims, applied for the payment order of the instant loan claims for the extension of the prescription payment order of the instant loan claims, but the Defendant applied for the payment order of the instant case to D Co., Ltd. with the Central District Court Order 2019 tea 46536,456,406,205.

[Grounds for recognition] The items in Gap evidence Nos. 4 and 12, and the purport of the whole pleadings

2. The above facts of recognition.

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