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(영문) 서울중앙지방법원 2016.10.21 2016나38176
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. Around June 1, 201, Aju Capital Co., Ltd. loaned a loan of KRW 5 million to the Defendant at an interest rate of KRW 34.9% and the loan period of KRW 36 months.

B. Aju Capital Co., Ltd., around October 2, 2012, transferred the above loan claims to IMPS Loan Co., Ltd., and IMPS Loan Co., Ltd., on or around April 12, 2013, and each transferor notified the Defendant of the fact of transferring the claims on or around April 22, 2013.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including each number), 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 principal amount of KRW 7,137,045 (=interest or delay damages of KRW 4,836,712 or delay damages of KRW 2,300,333) within the scope of the principal and interest of the loan and delay damages calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from January 12, 2016 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order.

3. If so, the plaintiff's claim is justified, and the judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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