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(영문) 서울중앙지방법원 2017.09.22 2017나31349
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 3,00,000 and with regard thereto, from December 29, 2015.

Reasons

1. Basic facts

A. A. On March 26, 2014, a social loan company (i.e., E&P lending company (i., the trade name before the change: E&P lending company) extended a loan to the Defendant (hereinafter “instant loan”) by setting the lending rate of KRW 3 million at the interest rate of KRW 38.81% per annum and overdue interest rate, and the lending period on March 26, 2017 (hereinafter “instant loan”).

B. After that, the Defendant did not pay interest on the instant loan obligation from December 29, 2015.

C. On March 31, 2016, a social loan company AB transferred the instant loan claim to the Plaintiff. Around April 11, 2016, a notice of assignment of claim was given to the Defendant.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole 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 interest rate of KRW 3 million and delay interest calculated at the rate of 38.81% per annum, which is the interest rate or delay interest rate from December 29, 2015 to the date of full payment.

3. Thus, the plaintiff's claim 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 it is so decided as per Disposition by cancelling the judgment of the court of first instance and ordering the defendant to pay the above money.

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