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(영문) 서울중앙지방법원 2017.10.25 2017나31271
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 1,864,288 as well as the full payment with respect thereto from January 1, 2012.

Reasons

1. Determination as to the cause of claim

A. On November 20, 11, 200, 43.54% on November 19, 194, "2,200,000" (1) the Defendant borrowed a loan as follows, but paid interest on the loan after January 1, 201.

On December 12, 108, 14. 23. 23. 23. 14. 23. 14. 14. 23. 23. 14. 14. 14. 14. 23. 23. 23. 14. 23. 14. 14. 23., the Plaintiff finally acquired the Defendant’s loan claim, and each transferee was delegated with the authority of the transferor to notify the transfer, and notified the Defendant of the fact of the transfer, respectively.

(3) When the Plaintiff acquired the instant loan claim, the principal of the loan was KRW 1,864,288.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 38.81% per annum for the Plaintiff within the scope of overdue interest rate calculated from January 1, 2012 to the date of full payment.

2. If so, the plaintiff's claim is accepted for the reasons, and the judgment of the court of first instance is unfair for the conclusion, and it is so revoked, and it is so decided as per Disposition by ordering the defendant to pay it.

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