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(영문) 서울중앙지방법원 2017.11.01 2017나26514
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 14,876,114 and KRW 1,549,907 among the Plaintiff and the Plaintiff’s KRW 5,90 on January 5, 2017.

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 November 15, 1996, the Defendant borrowed KRW 6,000,000 from the Dongyang Life Insurance Co., Ltd. with the interest rate of 15%, delay damages rate of 20%, and the loan period of 3 years.

(hereinafter “instant loan”). C.

On June 14, 2010, Dongyang Life Insurance Co., Ltd. transferred in sequence the instant loan claims to the Plaintiff on April 17, 2015, to Korea SPa loan Co., Ltd. on Korea’s MP service asset management loan, to MPa loan Co., Ltd. on October 8, 2013, and to MH loan Co., Ltd. on April 17, 2015.

After the assignment of claims above, each transferor notified the Defendant of the fact of the assignment of claims, and reached the Defendant at that time.

Meanwhile, the Defendant did not pay the instant loan. On September 22, 2016, the principal amount of the instant loan as of September 2, 2016 is KRW 1,549,907, and the sum of principal and interest is KRW 15,270,584.

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

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff, who received the instant loan claim within the scope of the sum of principal and interest of the instant loan, delay damages calculated at the rate of 15% per annum per annum pursuant to the Plaintiff’s claim, within the scope of the agreed interest rate, from January 5, 2017 to the date following the delivery date of the copy of the instant complaint as sought by the Plaintiff, as the Defendant delayed payment of KRW 14,876,114, and the principal of KRW 1,549,907.

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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