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(영문) 서울중앙지방법원 2017.09.15 2017나31363

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 282,053 as well as the full payment with respect thereto from February 29, 2012.

Reasons

1. On April 29, 201, the Defendant entered into a loan agreement with a social loan company E&P (hereinafter “ E&P social loan”) that took place on April 29, 201, setting the lending period as 43.54% per annum, and received a loan of KRW 1,500,000 from E&P social loan.

On February 29, 2012, the Defendant had delayed the performance of the obligation of KRW 282,053 for the remaining principal of the loan.

On September 28, 2012, A&P transferred the above loans and damages for delay to the Defendant on the Social Loan Co., Ltd. (hereinafter “YIP”). On February 20, 2014, A&P entered into a business takeover agreement with the Plaintiff on the comprehensive transfer of the financial business division including the above loans.

On July 22, 2014, E&P has notified each of the above transfers to the Defendant by content-certified mail, and the above transfer notification was issued to the Defendant around that time.

The social loans and saf capital loans and the plaintiff both are registered in accordance with the Act on Registration of Credit Business, etc. and Protection of Finance Users, and all companies engaged in credit business.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the facts of recognition, the Defendant is obligated to pay to the Plaintiff, the final transferee, the amount of KRW 282,053 of the loan principal and the delay damages calculated at the rate of KRW 38.81% per annum, as claimed by the Plaintiff, within the scope of the above agreement, from February 29, 2012 to the date of full payment.

3. In conclusion, the plaintiff's claim shall be quoted on the ground of its reasoning, and the judgment of the court of first instance shall reach the appellate trial, and since the plaintiff's appeal was accepted and the defendant's payment of the above money was revoked, and the above circumstances shall be ordered.