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(영문) 서울중앙지방법원 2017.09.22 2017나31899

양수금

Text

1. Revocation of the first instance judgment.

2. The defendant shall pay to the plaintiff KRW 2,00,000 as well as its full payment from May 1, 2008.

Reasons

1. Basic facts

A. A. On March 10, 2008, a social loan company (i.e., E&P lending company prior to the change: E&P lending company) extended a loan (hereinafter “instant loan”) to the Defendant by setting the lending rate of KRW 2 million per annum and interest rate of KRW 48.54% per annum, and by March 10, 2011 as of the expiration date of the loan (hereinafter “instant loan”).

B. From May 1, 2008, the Defendant did not pay interest on the instant loan obligation.

C. On July 31, 2008, the instant loan claims were transferred to the YI Capital Loan Co., Ltd., and to the Plaintiff on February 22, 2014, respectively. Around March 20, 2014, the Defendant was notified of each of the assignment of claims.

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

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the interest or delay damages calculated by the rate of 39% per annum for the plaintiff within the scope of the interest rate on loans or the interest rate on delay damages from May 1, 2008 to the date of full payment, which is 48.54% per annum, from May 1, 2008 to the date of full payment.

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