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(영문) 서울중앙지방법원 2020.10.30 2019나74746
양수금
Text

The judgment of the first instance shall be revoked.

2. The Defendant’s KRW 11,976,786 and KRW 6,783,870 among the Plaintiff and KRW 6,783,870 on December 24, 2018.

Reasons

1. Facts of recognition;

A. On June 7, 2013, the Defendant was granted a loan with C Co., Ltd. (hereinafter “Nonindicted Company”) and KRW 3,142,682, with an additional amount of KRW 900,166 deposited KRW 4,000,000 on deposit, with an interest rate of KRW 38.81% per annum, overdue interest rate of KRW 38.81% per annum, and the loan period of June 7, 2016.

B. The Defendant additionally borrowed KRW 3,00,000 on January 13, 2014, KRW 360,000 on May 26, 2014, and KRW 500,00 on May 22, 2015.

(hereinafter referred to as “the instant loan claim”) Defendant combines all the loans that Nonparty Company received from Nonparty Company as above.

As of June 29, 2016, the remaining principal of the loan claim of this case as of June 29, 2016 reaches KRW 6,783,870.

On June 29, 2016, the Plaintiff received the claim for the instant loan from a non-party company and notified the Defendant of the transfer of the claim at that time.

E. As of December 23, 2018, the sum of the principal and interest of the instant loan claims as of December 23, 2018 is KRW 11,976,786 (principal KRW 6,783,870, 5,192,916).

【Ground of recognition】 Each entry of evidence Nos. 1 through 14, 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 transferee of the instant loan claim, the agreed delay damages calculated at the rate of 38.81% per annum from December 24, 2018 to the day of full payment.

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

The judgment of the court of first instance, which differs from this conclusion, is unfair, so the plaintiff's appeal is accepted, and the judgment of the court of first instance is revoked, and the defendant is ordered to pay the above money.

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