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(영문) 서울중앙지방법원 2017.10.12 2017나32649
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 7,00,000 and the amount of the said KRW to the Plaintiff from December 12, 2013.

Reasons

1. Facts of recognition;

A. On February 11, 2008, E&P lending Co., Ltd. loaned KRW 6,000,000 to the Defendant with a loan interest rate of 39% per annum, and due date of repayment of KRW 7,00,000 on August 21, 2012, and extended KRW 6,00,000 within the said loan limit until August 13, 2010.

(hereinafter “instant loan”). (b)

On August 31, 201, a social loan company A&P transferred its social loan, and on February 22, 2014, A&P transferred its loan claims to the Plaintiff, and on May 23, 2014, the transferee entrusted his/her authority to notify the assignment of claims to the Defendant by content-certified mail.

C. On December 11, 2013, the Defendant repaid KRW 156,895 on December 11, 2013, and after the final repayment, the principal of the instant loan remains KRW 7,00,000.

【Ground of recognition】 Each entry of evidence Nos. 1 through 5, and the purport of the whole pleadings

2. According to the above facts, the Defendant, the final transferee of the instant loan claim, is obligated to pay to the Plaintiff the interest rate of KRW 7,000,000 of the principal of the instant loan and damages for delay at the rate of 39% per annum, which is the interest rate and the delayed interest rate, from December 12, 2013 to the date of full payment, from the date following the Defendant’s final repayment date.

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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