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(영문) 서울중앙지방법원 2017.11.22 2017나32274

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 3,00,000 and its payment from October 13, 2015.

Reasons

1. The following facts may be acknowledged in light of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 7.

On October 12, 2015, Apropy Social Loan Co., Ltd. (hereinafter referred to as “Apropy Social Loan”) entered into a loan transaction agreement with the Defendant on October 12, 2015 with the lending limit of KRW 3,000,000, the expiration date date and the interest rate and delay damages rate of KRW 34.9% per annum, respectively, and loaned money to the Defendant.

(hereinafter “instant loan claim”). At the time of the above loan, the Defendant consented to the transfer of all rights of APPs to social loans created by APs under the above loan contract.

B. From October 13, 2015, the Defendant delayed the repayment of the principal and interest of the instant loan.

C. On January 29, 2016, Apropy social loans transferred the instant loan claim to the Plaintiff.

2. According to the above fact-finding, the Defendant is obligated to pay to the Plaintiff who acquired the instant loan claim at the rate of KRW 3,000,000 with interest rate of KRW 34.9% per annum from October 13, 2015 to the date of full payment.

3. If so, the plaintiff's claim of this case is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion. Thus, the judgment of the court of first instance is revoked and the judgment of the court of first instance is revoked and the defendant is ordered to pay the amount as stated in Paragraph 2 of the Disposition.