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(영문) 서울중앙지방법원 2017.10.12 2017나31158
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,979,968 and its payment from October 31, 2015.

Reasons

1. Facts of recognition;

A. On February 14, 2015, the Business Love Loan Co., Ltd. loaned KRW 3,000,000 to the Defendant, setting the loan interest rate and delay damages rate of 34.9%, the due date of repayment on February 14, 2018, and the 28th day of each month on the payment date of interest.

(hereinafter “instant loan”). (b)

On October 30, 2015, the Defendant, after making the final repayment of KRW 50,00,000, lost the interest and the principal due interest due to the delinquency in repayment, and the principal of the instant loan remains in KRW 2,979,968 after the final repayment.

C. On November 30, 2015, the Business Love Loan Co., Ltd. transferred the instant loan claim to the Plaintiff and notified the Defendant of the assignment of the claim by content-certified mail.

【Ground of recognition】 Each entry of evidence Nos. 1 through 4, and the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff, a transferee of the instant loan the interest rate of KRW 2,979,968 of the instant loan and damages for delay at the rate of 34.9% per annum, which is the interest rate and delayed interest rate, from October 31, 2015 to the date of full payment, from October 31, 2015, to the date of full payment.

Therefore, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion, and thus, it is so decided as per Disposition by accepting the plaintiff's appeal and ordering the defendant to pay the above money.

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