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(영문) 서울중앙지방법원 2017.10.12 2017나31905

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 6,980,846 as well as its full payment from April 26, 2016.

Reasons

1. Facts of recognition;

A. On November 28, 2014, a social loan corporation created a loan of KRW 7,00,000 on a yearly basis with a loan interest rate of 34.9%, the due date of repayment on November 28, 2017, and the payment date of KRW 28,00,000 on a monthly basis.

(hereinafter “instant loan”). (b)

After the Defendant paid the final repayment of KRW 244,289 on April 25, 2016, the Defendant lost the interest and the principal due interest due to delinquency in repayment, and the principal of the instant loan remains in KRW 6,980,846 after the final repayment.

C. On August 2, 2016, a social loan company Apropha transferred the instant loan claim to the Plaintiff, and around that time, notified the Defendant of the assignment of the claim by content-certified mail.

【Ground of recognition】 Each entry of evidence Nos. 1 through 4, 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 interest rate of KRW 6,980,846 of the principal of the instant loan and the delayed interest rate of KRW 34.9% per annum, which is the interest rate and delay interest rate, from April 26, 2016 to the date of full payment.

Therefore, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion, and thus, it is so decided as per Disposition by accepting the plaintiff's appeal and ordering the defendant to pay the above money.