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(영문) 서울중앙지방법원 2021.01.12 2020나33598
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,00,000 as well as the full payment with respect thereto from January 31, 2015.

Reasons

1. Basic facts

A. The Defendant was granted a loan of KRW 2,00,000 from C Co., Ltd. on September 16, 2002 at an interest rate of KRW 39% per annum and delayed damage rate, and by the end of September 16, 2007 during the lending period (hereinafter “instant loan claim”). B. The Defendant delayed the repayment of the instant loan from January 31, 2015, and the instant loan remains in the principal amount of KRW 2,00,000 as of the same day.

(c)

C Co., Ltd. transferred each of the instant loans to D Co., Ltd. on September 30, 2003, and D Co., Ltd. to the Plaintiff on February 22, 2014. On February 25, 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 3, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff, the final transferee of the instant loan claim, the amount of KRW 2,00,000 of the principal of the instant loan and the amount of delayed damages calculated at the rate of 39% per annum, which is the rate of delayed damages, from January 31, 2015 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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