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(영문) 서울중앙지방법원 2019.08.28 2018나84678
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

Claim:

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs A through 6, Nonparty CCD shall pay the Defendant interest rate of KRW 5,00,000 each of the instant loans on August 21, 2002, December 24, 2002, and June 5, 2003, at the rate of KRW 12.4% per annum, and at the rate of 18% per annum (hereinafter “each of the instant loans”); thereafter, CCD transferred each of the instant loans to the Plaintiff on June 21, 2013, and delegated the authority to notify the transfer of the transfer, and the Plaintiff notified the Defendant of the fact that the transfer of each of the instant loans was certified on June 23, 2018, and the aggregate of principal repayment of each of the instant loans was not made on June 6, 2018, and overdue interest can be recognized.

B. Therefore, according to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the principal and interest on outstanding loans of this case (13,560,656 won 22,905,877 won) and damages for delay calculated at the rate of 15% per annum as the Plaintiff seeks from June 7, 2018 to the date of complete payment. Thus, the Plaintiff’s claim shall be accepted with merit.

2. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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