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(영문) 서울중앙지방법원 2017.12.06 2017나38074
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 4,292,684 as well as the full payment with respect thereto from January 4, 2013.

Reasons

1. Basic facts

A. On November 19, 2012, a social loan company Apropha (hereinafter “A&P”) entered into a contract with the Defendant to lend KRW 5,000,000 among them to the Defendant, setting the lending limit of KRW 10,000,00 and the lending period of KRW 19,100 on November 19, 2013; the lending rate of KRW 38.81% per annum; and the Defendant lent KRW 5,00,000 among them to the Defendant on the same day (hereinafter “instant loan”).

B. On August 30, 2013, E&P transferred the above loan claims to the slice Capital Loan Co., Ltd. (hereinafter “YIP”), and on February 22, 2014, E&P transferred the above loan claims to the Plaintiff (the Plaintiff, the Plaintiff, prior to the change, company providing the loan, and notified the Defendant of the fact of the transfer of each of the above claims by mail.

C. From January 4, 2013, the Defendant lost the benefit of time due to the delayed repayment of the principal of the loan from around January 4, 2013.

The instant loans are principal KRW 4,292,684 as of January 3, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff, the final transferee of the instant loan claim, the amount of KRW 4,292,684, as well as damages for delay calculated at the rate of 38.81% per annum, which is the agreement rate from January 4, 2013 to the date of full payment.

3. Thus, the plaintiff's claim of this case is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, and it is so revoked, and it is so decided as per Disposition by ordering the defendant to pay the above money.

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