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(영문) 서울서부지방법원 2018.06.22 2018나30218

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 6,989,683 as well as its full payment from February 14, 2017.

Reasons

1. Facts of recognition;

A. On August 9, 2016, Hing Loans Co., Ltd. (hereinafter “Sing Companies”) lent KRW 7,000,000 to the Defendant on a loan, and set the following terms: (a) free redemption of repayment method; (b) interest rate on loans and overdue interest rate on August 9, 2018; (c) interest rate on loans and overdue interest rate of 27.9% per annum; and (d) terms and conditions for interest loss under Article 12 of the Loan Transaction Standard Terms and Conditions.

(hereinafter “instant claim”). Article 12 of the Standard Terms and Conditions for Loan Transactions (Loss of Benefit of Time)

2. Where any of the following causes occurs to a debtor, the benefit of the deadline shall be lost:

Provided, That a credit service provider shall notify the obligor of the following delay of payment and the fact that the benefit arising therefrom will be lost by no later than seven business days prior to the due date, and if the obligor fails to notify by no later than seven business days prior to the due date, the obligor shall lose the due date after seven business days from the date the actual notification is delivered:

When interest is delayed for two months from the time when interest is to be paid;

B. On August 9, 2016, the Defendant concluded a loan agreement as stated in paragraph (a) and consented in advance to the transfer by the non-party company of the instant claim.

On December 8, 2016, Nonparty Company transferred the instant claim to the Plaintiff, and notified the Defendant of the fact of transferring the said claim, around May 17, 2018, by the Plaintiff, who was delegated by Nonparty Company with the authority to notify the assignment of claim.

C. As of February 13, 2017, the Defendant repaid the principal and interest of the instant claim by February 13, 2017, and as of February 13, 2017, the principal of the instant claim remains in KRW 6,989,683.

On May 30, 2017, the Plaintiff notified the Defendant of the content-certified standard terms and conditions that his interest would be lost due to delayed payment for two months pursuant to Article 12 of the Standard Terms and Conditions for Loan Transactions.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Plaintiff.