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(영문) 서울북부지방법원 2018.07.26 2018나30748
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 11,779,914 and KRW 3,121,493 among the Plaintiff, as to May 17, 2017.

Reasons

1. Facts of recognition;

A. On September 16, 2010, Taenam Loan Co., Ltd. loaned a loan to the Defendant at an interest rate of 4 million won and interest rate of 44% per annum.

(hereinafter “instant loan”). (b)

On July 13, 2011, Tae River Loans Co., Ltd. transferred the instant loan claims to ELC Loans Co., Ltd., and notified the Defendant of the assignment of claims on the same day.

C. On June 19, 2014, ELC Loan Co., Ltd. transferred the instant loan claim to the Plaintiff. On July 18, 2014, the Plaintiff was delegated with the authority to notify the assignment of claims and notified the Defendant of the assignment of claims.

C. The instant loan claims amounting to KRW 11,779,914 in total as of May 16, 2017 (i.e., principal KRW 3,121,493 prior to the acquisition of principal KRW 4,658,463, interest amounting to KRW 3,99,958).

[Reasons for Recognition] 1 to 4 (including the number of branch offices), each entry in the Evidence Nos. 1 to 4 (including the number of branch offices), the loans of this court, the results of each order given to the president of the Gwangju Cultural Credit Union to submit financial transaction information, the whole purport of the pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant loan claim, the amount of KRW 11,779,914 as the principal and interest of KRW 3,121,493 as the principal and interest of KRW 44% per annum from May 17, 2017 to the date of full payment.

3. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning. Since the judgment of the court of first instance is unfair on the grounds of its conclusion, it accepted the plaintiff's appeal and revoked it and ordered the defendant to pay the above money. It is so decided as per Disposition.

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