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(영문) 서울중앙지방법원 2020.05.13 2020나4781
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 8,988,152 as well as the full payment with respect thereto from May 23, 2014.

Reasons

The following facts can be acknowledged in full view of the purport of the entire pleadings in the statement Nos. 1 to 4.

① A Co., Ltd. loaned KRW 18,00,000 to the Defendant on May 29, 2013; KRW 8,000,000 on October 21, 2013; and KRW 18,00,000 on April 22, 2014.

(2) The Defendant did not repay the principal and interest of the loan last on May 22, 2014, and the outstanding principal and interest of the loan 8.81% per annum and May 29, 2016 are KRW 8,98,152.

③ On July 31, 2014, the above company transferred the above loan principal and interest claim to the Plaintiff, and notified the Defendant of the transfer of claim at that time.

Therefore, the Defendant is obligated to pay the Plaintiff the interest or delay damages calculated at the agreed interest rate of 38.81% per annum from May 23, 2014 to the date of full payment.

The plaintiff's claim is justified.

Since the judgment of the first instance is unfair in conclusion with different conclusions, the plaintiff's appeal is accepted and revoked, and the defendant is ordered to pay the above amount.

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