beta
(영문) 서울중앙지방법원 2018.04.20 2017나65960

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 6,699,531 and its payment from March 7, 2015.

Reasons

1. Facts of recognition;

A. On January 7, 2013, a social loan company Apropha (around January 7, 2016, 201; hereinafter referred to as “A&P”) extended KRW 7,400,000 to the Defendant on a loan maturity rate of KRW 38.81% per annum; and received a written consent from the Defendant on the transfer of the above loan claims.

B. On July 31, 2015, E&P transferred the above loan claims to the Plaintiff. On August 6, 2015, E&P sent a notice on the assignment of claims to the Defendant by content-certified mail.

C. As of March 6, 2015, the above loan claims remain in KRW 6,699,531 as principal.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3 to 8, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, the final transferee of the foregoing loan claim, the amount of the remaining principal of the loan, 6,699,531 won, and damages for delay calculated at the rate of 38.81% per annum, which is an agreed interest rate from March 7, 2015 to the date of full payment.

3. As such, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, and it is so revoked, and it is so decided as per Disposition by ordering the defendant to pay the above money.