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(영문) 서울중앙지방법원 2016.03.25 2015나49155
양수금
Text

1. Revocation of a judgment of the first instance;

2. As to KRW 9,514,520 and KRW 7,142,858 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 9,514,52,858 on October 15, 2014.

Reasons

1. Facts of recognition;

A. The National Card Co., Ltd. (hereinafter “National Card”) loans each of the Plaintiff KRW 5 million on July 28, 2009, and KRW 3 million on September 22, 2009.

B. On June 21, 2013, the national card transferred each of the above loans against the Defendant to the Plaintiff, and the Plaintiff was delegated with the authority to notify the assignment of claims from the national card and notified the Defendant of the assignment of claims.

C. As of October 14, 2014, the Defendant’s loan obligations amounting to KRW 9,514,520 in total (i.e., principal amount of KRW 7,142,858 and delay damages amount of KRW 2,371,662). The agreed rate is 17% per annum.

[Reasons for Recognition] Each entry of Gap evidence 1 through 7 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of debt of KRW 9,514,520 and the amount of principal of KRW 7,142,858 as interest calculated by the rate of 17% per annum from October 15, 2014 to the date of full payment, which is the day following the base date of calculation of interest.

3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance which has different conclusions is unfair, and it is so cancelled and ordered to order the payment of the above money. It is so decided as per Disposition.

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