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(영문) 서울중앙지방법원 2018.07.27 2017나87519
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 5,223,941 and KRW 2,347,839 among the Plaintiff and the Plaintiff’s KRW 13,00 on December 13, 2016.

Reasons

1. Facts of recognition;

A. On October 2, 2012, the Defendant received a loan of KRW 3,000,000 from Industrial Complex Loan Co., Ltd. (hereinafter “Industrial Complex Loan”) at the interest rate of 36.5% per annum, overdue interest rate of 36.5% per annum, and on June 4, 2015 at maturity.

(hereinafter “instant loan”). (b)

on March 17, 2016, Busan and Busan transferred the instant loan claims to the Plaintiff, and notified the Defendant of the assignment of claims on March 21, 2016.

C. Meanwhile, as of December 12, 2016, the instant loan claims amounting to KRW 5,223,941 in total, the principal amounting to KRW 2,347,839, overdue interest and delay damages as of December 12, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, the transferee of the instant loan claim, the interest rate of 36.5% per annum, which is the overdue interest rate of 36.5% from December 13, 2016 to the date of full payment, as to the principal amount of KRW 5,223,941, and the principal amount of KRW 2,347,839, among them.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair with different conclusions, so the court of first instance revokes the plaintiff's appeal and ordered the defendant to pay the above money, and it is so decided as per Disposition.

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