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(영문) 서울북부지방법원 2017.08.11 2016나38335
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On August 13, 2015, Tae River Loans Co., Ltd. loaned KRW 3,000,000 to the Defendant at “60 months from the date of repayment”, “34.9% per annum” and “34.9% per annum of the agreed interest rate or overdue interest rate.”

(hereinafter “instant loan claim”). (b)

On December 28, 2015, Tae River Loans Co., Ltd. concluded an asset acquisition agreement with the Plaintiff and transferred the instant loan claims to the Plaintiff, and the Plaintiff notified the Defendant of the assignment of claims on behalf of Tae River Loans on December 29, 2015.

C. The Defendant lost the benefit of time due to the delayed payment of interest, and as of January 26, 2016, the principal and interest of this case were KRW 3,352,823 in total (the principal and interest of KRW 3,000,000 in interest or overdue interest of KRW 352,823 in total).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 34.9% per annum from January 27, 2016 to the date of full payment of the principal amount of KRW 3,352,823 as well as the principal amount of KRW 3,00,000 among the principal amounts.

3. If so, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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