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(영문) 서울북부지방법원 2020.02.04 2019나36989
양수금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 5,289,682 and KRW 4,535,00 among them.

Reasons

1. The gist of the Plaintiff’s assertion was that the Defendant acquired the claim under a loan agreement entered into with C Co., Ltd. (hereinafter “the instant loan agreement”) around March 22, 2016, and the Defendant is obligated to pay the Plaintiff the interest agreed upon at 25.9% per annum from March 1, 2018 to March 1, 2018 for the principal amount of KRW 5,289,682 as of February 28, 2018 (i.e., the interest balance of KRW 4,535,796 before acquiring the principal amount) and the principal amount of KRW 4,535,00 as of KRW 4,535,00 among the principal amount of the loan agreement.

2. In the first instance court’s judgment, even if the Defendant’s claim against the Defendant was partially dismissed due to a trial by public notice, it cannot be deemed that the Defendant asserted the cause of the claim. Thus, in a case where the appellate court, in which the Plaintiff appealed, did not dispute that the Defendant was served by means other than by public notice, a confession under Article 150 of the Civil Procedure Act is established (see, e.g., Supreme Court Decision 2015Da36167, Jul. 12, 2018). According to the records in the first instance court, the Defendant’s claim against the Defendant was partially dismissed as a result of the trial in the first instance court’s proceeding with the Defendant by public notice, but the Defendant did not appear at the date of pleading even if the Defendant was served with a copy of the petition of appeal, the guide for the lawsuit, the written application for change of the purport of appeal, the grounds for appeal, and the notice of date of pleading for pleading, and did not dispute the Plaintiff’s assertion as

Therefore, the Defendant is obligated to pay the agreed interest rate of 25.9% per annum, which is the rate of interest calculated from March 1, 2018 to the date of full payment, as to KRW 4,535,00, out of the principal and interest of KRW 5,289,683 as of February 28, 2018, and the balance of the principal and interest of KRW 4,535,000, the Plaintiff received from the Plaintiff.

3. Conclusion, the plaintiff's claim of this case is justified, and the court of first instance has accepted it.

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