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(영문) 서울서부지방법원 2020.05.08 2019나40243
양수금
Text

1. Revocation of the first instance judgment.

2. As to KRW 315,779 and KRW 115,906 among the Plaintiff, the Defendant shall start on August 7, 2019.

Reasons

Comprehensively taking account of each of the statements in Gap evidence 1 through 5, C Company loaned 3 million won to the defendant on August 4, 201 by setting the lending period of 24 months and interest rate of 28.99% per annum. On May 20, 2016, when the repayment period expires, C Company transferred the above lending claim to the plaintiff on May 20, 2016, and notified the defendant of the above assignment of claim at that time. As of January 3, 2019, it is recognized that as of January 3, 2019, the above lending amounting to 315,779 won in total, including principal and interest of 115,906 won, is overdue

Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 315,779 and the amount of KRW 115,906, which is equivalent to the principal, as requested by the plaintiff, the damages for delay calculated at the rate of 12% per annum for the plaintiff within the scope of the agreement from August 7, 2019 to the date of complete payment, which is clear from August 7, 2019 to the date of delivery of a copy of the application for the payment order of this case. Thus, the plaintiff's claim is justified, and the judgment of the first instance that differs from this conclusion is unfair, so the plaintiff's appeal shall be accepted and the defendant

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