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(영문) 서울중앙지방법원 2017.11.30 2017나36061
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant: (a) KRW 1,233,424 to the Plaintiff; and (b) from February 7, 2012 to November 30, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 11, 2010, Hing Loans Co., Ltd. loaned KRW 5,000,000 to the Defendant at the interest rate of loans and delay damages rate of 39% per annum, and due date of payment on March 11, 2015.

(hereinafter “instant loan”).

B. On September 28, 2012, Hing Capital Loan Co., Ltd.: (a) transferred the instant loan claims to the Plaintiff on February 22, 2014; and (b) notified the Defendant of each of the above assignment by content-certified mail at around that time, the transferee of the bonds delegated the right to notify the assignment of claims from each transferor of the assignment; and (c) notified the Defendant of each of the above assignment by content-certified mail.

C. On February 6, 2012, the Defendant repaid KRW 52,820 to the end, and after the final repayment, the principal of the instant loan remains in KRW 1,233,424.

【Reason for Recognition】 Each entry of Evidence Nos. 2 through 7, and the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff, a transferee of the instant loan the amount of KRW 1,233,424 as well as damages for delay at the rate of 6% per annum under the Commercial Act from February 7, 2012, which is the date following the Defendant’s final repayment date, until November 30, 2017, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date of the original judgment, as the Plaintiff seeks from February 7, 2012, which is the date following the

3. If so, the plaintiff's claim is accepted on the ground of its reasoning. Since the judgment of the first instance, which concluded otherwise, is unfair, the court below accepted the plaintiff's appeal and decided to cancel it and order the defendant to pay the above money. It is so decided as per Disposition.

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