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(영문) 서울북부지방법원 2017.03.21 2016나33644 (1)
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 9,416,919 and KRW 2,91,426 as to the Plaintiff’s KRW 9,416,91, and KRW 28,015.

Reasons

1. Determination on the cause of the claim

A. In fact, on August 13, 2010, Tae River Loans Co., Ltd. (1) loaned three million won to the Defendant on August 13, 2010, setting the lending interest rate and overdue interest rate of 44% per annum on August 13, 2013 (hereinafter “instant lending”).

(2) On March 23, 2011, Tae River Loans Co., Ltd. transferred the instant loan claims to ELC Loans, and notified the Defendant of the assignment of claims on the same day, and on June 19, 2014, ELC Loans Co., Ltd. transferred the instant loan claims to the Plaintiff and notified the Defendant of the assignment of claims on July 18, 2014.

3) The principal and interest of the instant case, etc. are KRW 9,416,919 in total as of August 27, 2015 (i.e., principal KRW 2,91,426 in interest of KRW 6,404,436 in provisional payment). 【No evidence Nos. 1 through 5 of the grounds for recognition, as a result of an order issued to submit financial transaction information to new banks for the first instance trial, and the purport of the entire pleadings, as of August 27, 2015.

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum, which is within the scope of the agreement, as sought by the Plaintiff from August 28, 2015 to the date of full payment, as to the total amount of principal and interest of this case, and KRW 2,91,426, which is the double principal.

2. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning, and the judgment of the court of first instance which has different conclusions is unfair, so the court of first instance revokes the plaintiff's appeal and ordered the defendant to pay the above amount, and it is so decided as per Disposition.

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