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(영문) 서울중앙지방법원 2020.05.15 2019나80000
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The following facts can be acknowledged in light of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 through 6.

(1) The Defendant, on February 13, 2017, borrowed KRW 2,901,990 from C Co., Ltd. (hereinafter “C”) at the rate of interest rate and delay delay rate, 27.9% per annum, and February 13, 202, on condition that the Defendant was given a loan under an agreement to lose the benefit of the due date for delay.

(2) The Defendant appropriated the loan granted by C on February 10, 2014 to repay the remaining principal out of KRW 3,000,000.

(3) However, from December 18, 2018, the Defendant lost the benefit of time due to the delayed repayment of the instant loan from December 18, 2018, and the remaining principal is KRW 2,783,420.

(4) Meanwhile, on September 29, 2018, C transferred the instant loan claim to D Co., Ltd. (hereinafter “D”) and notified the Defendant of the transfer of the claim, and D transferred the instant loan claim to the Plaintiff on May 30, 2019, and notified the Defendant of the transfer of the claim.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant loan claim the agreed interest rate of 2,783,420 won for the remaining principal of the loan claim of this case and the agreed interest rate of 27.9% per annum, which is the interest rate and interest delay delay interest rate from December 18, 2018 to the date of full payment.

2. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal against this is dismissed as it is without merit. It is so decided as per Disposition.

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