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(영문) 서울중앙지방법원 2017.12.06 2017나31486

양수금

Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 1,441,963 as well as the full payment with respect thereto from December 21, 2011.

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.

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

Interest and overdue interest rate on the first use limit of the lending institution of a date loan institution on April 23, 2010 2,000 won 2,000,000 won 48.54% of the amount in arrears

C. The Plaintiff finally acquired a loan claim against the Defendant as follows, and each transferor of the claim notified the Defendant of the assignment of the claim.

On July 31, 2012, the date of notification of the transfer of credit by the transferor of the transfer date of credit by the transferor on July 23, 2012, Plaintiff 1 on February 22, 2014, on August 23, 2014.

From December 21, 2011, the Defendant delayed to pay the loan from December 21, 201, and on December 21, 2011, the principal of the loan based on arrears amounting to KRW 1,441,963, and on this, 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 claims at the rate of 39% per annum, which is the overdue interest rate of 1,441,963 won in the balance of the principal of the instant loan and 39% per annum, which is the overdue interest rate from December 21, 2011 to the date of complete payment.

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.