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(영문) 서울중앙지방법원 2017.10.11 2017나32236

양수금

Text

1. Revocation of a judgment of the first instance;

2. The defendant shall pay to the plaintiff KRW 2,484,02 and shall pay to the plaintiff full payment from May 3, 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff is a lending company that completed registration pursuant to the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”).

B. The Defendant entered into a loan agreement with the Credit Business Chain Love Loan Co., Ltd. (hereinafter “Franve Loan”) that completed the registration pursuant to the Credit Business Act, setting the lending limit of KRW 5,000,000 on July 19, 201, annual interest rate of KRW 39% on loan, annual interest rate of KRW 39% on delay rate, annual interest rate of KRW 39% on delay rate, and July 19, 2014 on the expiration date of the contract, and received the loan accordingly.

(hereinafter “instant loan”). C.

On December 31, 2013, the Business Love loan transferred the instant claim for the loan to the slice Capital Loan Co., Ltd. (hereinafter “Ylice Capital Loan”), and on February 22, 2014, the slice Capital Loan transferred the instant claim for the loan to the Plaintiff (the mutual slice Loan Co., Ltd. at the time).

In addition, on May 23, 2014, the business love loan and the business capital loan were notified to the defendant of the assignment of each of the above assignment and this notification was delivered to the defendant at that time.

From May 3, 2013, the Defendant delayed the instant loan, and as of the same day, the balance of the principal of the instant loan is KRW 2,484,02.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff who acquired the instant loan claim the amount of KRW 2,484,022 in balance of the principal of the instant loan and damages for delay calculated at the rate of 39% per annum from May 3, 2013 to the date of full payment.

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