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(영문) 서울중앙지방법원 2020.11.12 2019나75978
양수금
Text

The judgment of the first instance shall be revoked.

2. The Defendant shall pay to the Plaintiff KRW 3,176,073 as well as its full payment from August 7, 2014.

Reasons

1. Facts of recognition;

A. C Co., Ltd (formerly changed: D Co., Ltd.; hereinafter “C”) determined and lent KRW 12.8% per annum to the Defendant on January 30, 2012, at the interest rate of KRW 12.5 million per annum, 32.8% per annum, and 36 months after the due date.

B. The Defendant did not pay the principal and interest, and the principal and interest payable as of August 6, 2014 are KRW 3,176,073.

C. C transferred the above loan claims to the Plaintiff on July 28, 2016, and notified the Defendant of the assignment of claims on September 11, 2020, and the notification of the assignment of claims reached the Defendant at that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 3,176,073 and damages for delay calculated at the rate of KRW 32.8% per annum from August 7, 2014 to the date of full payment.

3. In conclusion, the plaintiff's claim of this case should be accepted for reasons.

The judgment of the first instance is unfair in conclusion, and thus, the court revokes the conclusion and issues an order to pay the above amount to the defendant.

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