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(영문) 서울중앙지방법원 2020.06.11 2019나73262
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 9,971,258 as well as the full payment with respect thereto from May 30, 2017.

Reasons

1. Comprehensively taking account of the respective descriptions and the overall purport of arguments as to Gap evidence Nos. 1 through 3, the defendant extended 5 million won (credit limit of 10 million won) from C Co., Ltd. on October 21, 2015 at the interest rate of 34.9% per annum and overdue interest rate of 34.9% per annum, and due date of repayment on October 21, 2020, and extended additional loans of 50 million won on April 25, 2017. The defendant delayed the repayment of the above loan from May 30, 2017, and the defendant did not pay the loan principal of 9,971,258 won and delay damages therefrom as of the above date, and the plaintiff can recognize the fact that he received the above loan claim from the above company on October 11, 2017.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the above amount of KRW 9,971,258 as well as damages for delay calculated at the rate of 12% per annum with the plaintiff within the agreed rate from May 30, 2017 to the date of full payment.

2. If so, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, and thus it is revoked, and it is so decided as per Disposition by the court below to order the payment of the above money to the defendant.

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