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(영문) 서울중앙지방법원 2017.11.23 2017나32533

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 995,173 as well as the full payment with respect thereto from May 16, 2015.

Reasons

1. Facts of recognition;

A. On April 28, 2014, the Defendant entered into a loan transaction agreement with APS Co., Ltd. (former trade name: E&P lending Co., Ltd.; hereinafter “APS”) by setting the loan limit of KRW 3,000,000, the first used amount of KRW 1,000,000, the date when the loan expires, April 28, 2017, and the interest rate of KRW 34.9% per annum (hereinafter “the loan claim of this case”) and received KRW 1,00,000,000 from May 16, 2015.

B. On September 30, 2015, Apropy social was transferred to the Plaintiff the claim for the instant loan, and on October 22, 2015, the instant assignment of claim was notified to the Defendant by content-certified mail.

C. As of May 16, 2015, the loan balance of the loan claim of this case as of May 16, 2015 is KRW 995,173.

【Reason for Recognition】 Each entry of evidence Nos. 1 through 5, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, the transferee of the instant loan claim, 95,173 won, and damages for delay calculated by the agreed interest rate of 34.9% per annum from May 16, 2015 to the date of full payment.

3. If so, the plaintiff's claim is accepted on the ground of its reasoning. Since the judgment of the first instance, which concluded otherwise, is unfair, the court below accepted the plaintiff's appeal and decided to cancel it and order the defendant to pay the above money. It is so decided as per Disposition.