양수금
1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 361,343 as well as the full payment with respect thereto from December 16, 201.
According to the evidence evidence Nos. 1 through 5, the social loan company A&P transferred the instant loan claim to the Plaintiff on February 26, 2010. On February 26, 2010, the Plaintiff lent KRW 4,900,000 per annum, interest rate of KRW 48.54% per annum, interest rate of KRW 48.54% per annum, and interest rate of KRW 1,00,000 due date of repayment as of February 26, 2011 (hereinafter “instant loan”). On July 31, 2012, the said company transferred the instant loan claim to the Plaintiff on a successive basis, and notified the Defendant of the transfer on July 22, 2014. Meanwhile, the Plaintiff is the person who fully repaid the remainder as of December 15, 2011.
Therefore, the Defendant, as the final transferee of the instant loan claim, is obligated to pay to the Plaintiff the remaining principal of the instant loan amounting to 361,343 won and delay damages calculated at the rate of 38.81% per annum as sought by the Plaintiff within the scope of the agreed delay damages from December 16, 201 to the date of full payment.
Therefore, the plaintiff's claim of this case is accepted on the ground of its reasoning, and since the judgment of the court of first instance is unfair on the ground of its conclusion, the plaintiff's appeal is accepted, and the judgment of the court of first instance is revoked and the defendant is ordered to pay the above amount.