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(영문) 서울중앙지방법원 2018.01.29 2017나60781
양수금
Text

1. Revocation of the first instance judgment.

2. As to KRW 15,038,120 among the Plaintiff and KRW 10,00,000 among them, the Defendant on January 5, 2017.

Reasons

1. Facts of recognition;

A. On May 13, 2015, the Defendant borrowed KRW 10,000,000 from Industrial Complex Loan Co., Ltd. (hereinafter “Industrial Complex Loan”) at the interest rate of loans and interest rate of 34.894%, respectively, and the due date of loans set on May 13, 2020.

B. From July 28, 2015, the Defendant delayed the repayment of principal.

C. On December 9, 2015, an industrial complex loan transferred the above loan claims to the Plaintiff, and notified the Defendant of the assignment of claims at that time.

The sum of principal and interest of loans as of January 4, 2017 is 15,038,120 won.

[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, a transferee of the above loan claim the amount of KRW 15,038,120, the sum of the principal and interest of KRW 10,000,000 as well as the principal and interest of KRW 34.894% per annum under the agreement from January 5, 2017 to the date of full payment.

3. Conclusion, the plaintiff's claim should be accepted as reasonable.

Since the judgment of the court of first instance is unfair in conclusion differently, it is so decided as per Disposition by cancelling the judgment of the court of first instance and ordering the defendant to pay the above amount.

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