logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.29 2017나33161
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,970,002 as well as its full payment from September 5, 2013.

Reasons

1. Facts of recognition;

A. On January 18, 2011, Non-Party Ling Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) changed the trade name on April 26, 201 to “Ling Loan Co., Ltd.”; hereinafter “Non-Party Co., Ltd.”), concluded a loan transaction agreement with the Defendant ( regardless of the name of the Defendant, the current name was changed from “B” on December 10, 201; hereinafter “Defendant”) on the loan limit of KRW 5,00,000 (the first loan amount of KRW 2,50,000), interest rate, and delay damages rate of KRW 44% per annum, the loan maturity on January 18, 2016, and the method of repayment freely repaid.

(hereinafter “instant loan agreement” and “the instant loan claim” under the instant loan agreement. B.

On January 18, 201, the non-party company loaned 2,500,000 won to the Defendant respectively, and 1,000,000 won to May 27, 2011.

C. From September 5, 2013, the Defendant delayed payment of interest under the instant loan agreement and lost the benefit of time around that time. The principal of the loan under the instant loan agreement as of September 5, 2013 is KRW 2,970,002.

Meanwhile, on the other hand, on December 31, 2013, the non-party company transferred the instant loan claim to the Plaintiff (hereinafter “Plaintiff”), on February 22, 2014, to the ice Capital Loan Co., Ltd., and to the ice Loan Co., Ltd., on March 10, 2014, to the ice Loan Co., Ltd., and to the ice Loan Co., Ltd., on March 13, 2014, and to the ice Loan Co., Ltd. as of April 22, 2014, respectively, changed to the trade name as of April 22, 2014; hereinafter “Plaintiff”).

E. When entering into the instant loan agreement, the Defendant consented to the transfer of all monetary claims that Nonparty Company would have against the Defendant in connection with the instant loan agreement to a third party and did not raise any objection thereto.

[Reasons for Recognition] The entry of Gap evidence Nos. 3 through 7 and 9, and the purport of the whole pleadings

2. Determination as to the cause of the claim.

arrow