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(영문) 서울중앙지방법원 2017.09.20 2017나1263
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 1,350,000 as well as its full payment from September 6, 2011.

Reasons

1. Facts of recognition;

A. On March 4, 2010, the Defendant borrowed KRW 2,000,000 from a social loan company E&P set the interest rate and delay damages rate at 48.54% per annum.

B. As of September 6, 2011, the principal not repaid out of the above loans amounted to KRW 1,350,000, and the Defendant was due to delay of performance from September 6, 2011.

C. On March 30, 2012, AWP lending Co., Ltd.: (a) transferred each of the principal and interest of loan to the Plaintiff on February 22, 2014; (b) notified the Defendant on May 23, 2014; and (c) notified the Defendant of the aforementioned notification.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, 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 claim, the amount of KRW 1,350,000, the remaining principal of the loan, and damages for delay calculated at the rate of 38.81% per annum, as sought by the Plaintiff, within the scope of the agreed interest rate from September 6, 201 to the date of full payment.

3. Thus, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance, which has different conclusions, is unfair, so it is revoked, and the defendant is ordered to order the payment of the above money, and it is so decided as per Disposition.

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