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(영문) 서울서부지방법원 2018.09.20 2018나30096
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 1,762,989 as well as the full payment with respect thereto from December 16, 2016.

Reasons

1. Facts of recognition;

A. On September 16, 2015, Hing Loans Co., Ltd. (hereinafter “Sing Companies”) granted a loan of KRW 2,000,000 to the Defendant on September 16, 2015, by setting the loan interest rate of KRW 34.9% per annum on September 16, 2020 on the expiration date.

(hereinafter “instant claim”). (b)

On December 8, 2016, the non-party company transferred the instant claim to the Plaintiff, and the Plaintiff delegated the authority to notify the assignment of claims by the non-party company, on August 4, 2017, notified the Defendant of the fact of the assignment of claims upon delivery of a duplicate of the instant complaint.

C. Only until December 15, 2016, the Defendant repaid the principal and interest of the instant claim and lost the benefit of time thereafter. As of December 15, 2016, the instant claim remains in KRW 1,762,989.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4-7, 9, 11, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay damages for delay calculated at the rate of 34.9% per annum, which is the agreed interest rate from December 16, 2016 to the date of full payment, to the Plaintiff, the transferee of the instant claim, as well as the agreed interest rate of 1,762,989 won.

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

Since the judgment of the court of first instance is unfair in conclusion with different conclusions, it is so decided as per Disposition by accepting the plaintiff's appeal and cancelling the judgment of the court of first instance and ordering the defendant to pay the above money.

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