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(영문) 서울중앙지방법원 2017.11.15 2017나32403

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 9,995,039 as well as its full payment from May 29, 2016.

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 October 7, 2013, the Defendant borrowed KRW 5,687,815 on the loan amounting to KRW 29.9% of the loan interest rate, KRW 38.81% of the delayed payment rate, October 7, 2016, and KRW 10,000 of the loan limit.

After that, the Defendant received an additional loan within the limit of the above loan limit and received the additional loan on May 4, 2016, the balance of principal of the standard loan is KRW 9,95,039.

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

On May 4, 2016, A professional loan corporation transferred the instant loan claims to the Plaintiff, and notified the Defendant of the assignment of claims at that time. D.

On the other hand, the Defendant delayed the instant loan from May 29, 2016.

[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 at the rate of 38.81% per annum, which is the overdue interest rate, as stipulated in the agreement, from May 29, 2016 to the date of full payment, 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.