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(영문) 서울북부지방법원 2020.12.10 2019나36699
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 12,010,218 and KRW 9,961,869 among the Plaintiff’s KRW 12,01,218 and the Plaintiff’s KRW 13,018.

Reasons

1. Facts of recognition;

A. On April 21, 2016, the Defendant extended a loan of KRW 7,00,000 from C Co., Ltd. (hereinafter “Nonindicted Company”) on April 21, 2016 by setting the loan at 27.9% per annum on April 21, 2019, and at the interest rate and delay damages rate (hereinafter “advance loan”).

B. On October 17, 2016, the Defendant agreed to treat a prior and additional loan as a single loan (hereinafter “instant loan”) after obtaining an additional loan from a non-party company.

The loan of this case: 10 million won (the amount of additional loan is calculated by subtracting the remaining principal of the previous loan from the amount of KRW 10 million): Interest rate and interest rate for delay on April 21, 2019: Interest rate and interest rate for 27.9% per annum on April 21, 2019: Interest shall be repaid only on the 15th day of each month, the principal shall be freely repaid, and the remaining principal and interest shall be settled at once at the maturity when the transaction is terminated.

C. From October 2017, the Defendant delayed the payment of interest on the instant loan. On February 23, 2018, Nonparty Company transferred all of the claims on the instant loan to the Plaintiff, and notified the Defendant of the assignment of claims on March 13, 2018.

The principal and interest amount of this case is KRW 12,010,218 as of June 12, 2018, and the principal amount is KRW 9,961,869.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the interest rate of 27.9% per annum from June 13, 2018, which is the agreed interest rate of 12,010,218 won and the principal amount of 9,961,869 won among them, to the Plaintiff.

3. Thus, 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 it is so decided as per Disposition by ordering the defendant to pay the above amount.

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