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(영문) 서울중앙지방법원 2017.11.15 2017나31332
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 3,00,000 as well as the full payment with respect thereto from June 30, 2015.

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 June 29, 2015, the Defendant received a loan of KRW 3,00,000,000, by setting the loan interest rate and delay damages rate, respectively, 34.9% on June 29, 2018, and the loan limit of KRW 3,00,000 on June 29, 201.

(hereinafter “instant loan”). C.

On October 30, 2015, 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 June 30, 2015.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff, who received the instant loan claim, the amount of KRW 3,000,000 as principal of the instant loan and damages for delay calculated by the rate of 34.9% per annum, which is the overdue interest rate from June 30, 2015 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.

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