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(영문) 서울북부지방법원 2018.08.14 2018나30588
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 8,172,869 and KRW 5,67,644 among the Plaintiff and the Plaintiff’s KRW 5,67,644 on June 8, 2017.

Reasons

1. Basic facts

A. On September 21, 2015, the Defendant obtained a loan by setting at 32.9% of interest rate and 34.9% of interest rate on arrears (hereinafter “instant loan”).

B. At the time of February 17, 2017, the Defendant: (a) the principal of the instant loan was KRW 5,677,644; (b) overdue interest was KRW 1,898,062; and (c) on March 21, 2017, the SP Savings Bank notified the Defendant of the transfer of the instant loan claim against the Defendant.

C. As of June 7, 2017, the sum of the principal and interest of the instant loan claims is KRW 8,172,869, and among them, the principal is KRW 5,67,644.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 5, 6, 7, and 8, 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 damages for delay calculated at the rate of 34.9% per annum from June 8, 2017 to the date of full payment, with respect to KRW 8,172,869 and KRW 5,67,644, which is the transferee of the instant loan claim, to the Plaintiff, who is the assignee of the instant loan claim.

3. Thus, the plaintiff's claim should be accepted on the ground of its reasoning.

The judgment of the court of first instance is unfair with different conclusions, and thus it is so decided as per Disposition by the assent of all participating Justices on the bench.

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