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(영문) 서울중앙지방법원 2017.12.06 2017나31738

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 2,955,908 as well as the full payment with respect thereto from April 1, 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff is a lending company that completed registration under the Act on Registration of Credit Business, etc. and Protection of Finance Users.

Interest and overdue interest rate on the first use of the loan limit of a date lending institution on January 18, 2012 (ju) 3,000,000 won 3,000,000 won 39%

B. The Defendant received a loan as follows, but did not pay the loan.

On October 22, 2013, 201, September 30, 2013, the notification date of the transfer of the credit by the transferor as of the date of the annual transfer of credit by the transferor, the Plaintiff (the State) on February 22, 2014, the Plaintiff (the State) of the YIF loan prior to the change of the trade name) on April 23, 2014.

The plaintiff finally acquired the loan claims against the defendant as follows, and each transferor of the claim notified the defendant of the assignment of the claim.

From April 1, 2013, the Defendant delayed to pay the loan from April 1, 2013, the principal of the loan in arrears as of April 1, 2013 is KRW 2,95,908, and the overdue interest rate applied by the Plaintiff is 39% per annum.

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

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff who acquired the instant loan obligations at the rate of 39% per annum, which is the overdue interest rate of 2,955,908 won in the balance of the principal of the instant loan and 39% per annum from April 1, 2013 to the date of repayment.

3. The plaintiff's claim for the conclusion is justified, and the judgment of the court of first instance is unfair, and it is so revoked, and it is so decided as per Disposition by ordering the defendant to pay the above money.