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(영문) 서울북부지방법원 2019.01.23 2018나34771
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Facts of recognition

D on March 7, 2013, a corporation extended a loan of KRW 30,000,000 to the Defendant 60 months of the loan period, 27.9% of the loan interest rate, and 27.9% of the overdue interest rate.

(hereinafter “instant loan claim”). D Co., Ltd. transferred the instant loan claim to the Plaintiff on March 17, 2017, and around that time notified the Defendant of the transfer of the said claim.

As of February 13, 2018, the principal of the instant loan is KRW 26,720,240, and interest or delay damages are KRW 29,035,592, and the cost is KRW 55,821,032, in total, KRW 65,200.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 3 (including the branch number if there is a serial number) and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff the interest or delay damages calculated at the rate of 27.9% from February 14, 2018 to the date of full payment of the loan principal of this case and the interest or delay damages calculated at the rate of 5,821,032 in total from February 13, 2018.

In conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.

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