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(영문) 서울중앙지방법원 2021.01.12 2020나49296
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,977,094 as well as the full payment with respect thereto from August 8, 2015.

Reasons

1. Basic facts

A. The Defendant borrowed KRW 3,00,000 from C Co., Ltd. on September 25, 2014 at an interest rate of KRW 34.9% per annum and delayed damage rate, and by the end of September 25, 2017 (hereinafter “instant loan claim”). B. The Defendant delayed the repayment of the instant loan from August 8, 2015, and the instant loan remains in the principal amount of KRW 2,97,094 as of the same day.

(c)

C Co., Ltd. transferred each of the instant loans to D Co., Ltd. on August 28, 2015, and D Co., Ltd. to the Plaintiff on November 30, 2015. On May 20, 2020, each of the instant credits transferor notified the Defendant of the transfer of each of the instant loans by way of content-certified mail.

[Grounds for recognition] The items in Gap evidence Nos. 1 to 8, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the final transferee of the instant loan claim, the amount of damages for delay calculated at the rate of 34.9% per annum, which is the rate of damages for delay, from August 8, 2015 to the date of full payment, to the date of full payment.

3. The plaintiff's claim for conclusion must be accepted on the ground of the reasons.

Inasmuch as the judgment of the first instance, which differs from this conclusion, is unfair, the court accepted the Plaintiff’s appeal and revoked the judgment of the first instance and ordered the Defendant to pay the said money.

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