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(영문) 서울중앙지방법원 2020.05.27 2019나80734
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 6,370,067 and KRW 2,357,036 among the Plaintiff and its KRW 2,357,036 on March 12, 2019.

Reasons

1. Facts of recognition;

A. On November 18, 2008, Nonparty C Bank loaned 2,357,036 won to the Defendant at a rate of 17% per annum.

B. A claim for the principal and interest of the loan was transferred to the Plaintiff on July 31, 2012 through the successive transfer to Nonparty D Co., Ltd., E Co., Ltd, and F Co., Ltd. under the lawful assignment of claims, and the notification of the transfer of claims was also given by content-certified mail on December 14, 2012.

C. The principal and interest of the loan that has not been repaid as of March 11, 2019 are KRW 6,370,067, and among which the principal is KRW 2,357,036.

From January 1, 2017, the Plaintiff applied the overdue interest rate of 15% per annum within the scope of overdue interest rate under the above agreement.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum within the agreed interest rate of 6,370,067 won and the principal of the loan, which is 2,357,036 won and the principal of the loan, from March 12, 2019 to the date of full payment.

3. The plaintiff's claim for conclusion must be accepted on the ground of the reasons.

The judgment of the court of first instance, which has different conclusions, is unfair and thus revoked, and order the defendant to pay the above amount.

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