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(영문) 서울중앙지방법원 2017.11.15 2017나31547

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 3,991,415 as well as its full payment from November 20, 2012.

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. On January 3, 2010, the Defendant received a loan of KRW 2,00,000, with the loan interest rate of KRW 48.54%, respectively, and the loan period of KRW 3,010,000, by setting the loan rate of KRW 48.54%, and the loan period of KRW 3,000,00 from a social loan company A&P (the trade name was changed to a social loan company of August 1, 2014).

After that, the Defendant received additional loans from A&P social loan companies within the scope of the above lending limit, and became 3,91,415 won of the base loan principal on August 22, 2012.

(hereinafter referred to as “instant loan” by aggregating both the initial loans and the additional loans.

The claim for the instant loan was transferred to the Plaintiff on April 30, 2013, and February 22, 2014, respectively. Around that time, the Defendant was notified of each of the assignment of claims.

Meanwhile, from November 20, 2012, the Defendant delayed the instant loan from November 20, 2012.

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

2. According to the facts of the above recognition, the Defendant is obligated to pay the Plaintiff, who received the instant loan claim, with the overdue interest rate of 3,991,415 won in the balance of the principal of the instant loan and damages for delay calculated at the rate of 38% per annum, calculated from November 20, 2012 to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair, so the judgment of the court of first instance is revoked, and the defendant is ordered to pay the above amount, and it is so decided as per Disposition.