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(영문) 서울중앙지방법원 2018.04.27 2017나32748
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 3,00,000 as well as the full payment with respect thereto from October 16, 2015.

Reasons

1. Facts of recognition;

A. On October 15, 2014, the Defendant borrowed KRW 3,000,000 from the Business Love Loan Co., Ltd. (hereinafter “Business Love Loan”) at the interest rate of 34.9% per annum and the delay damages rate of 34.9% per annum, and the due date of repayment on October 15, 2017.

B. The Defendant paid interest on the loan to the Love loan by October 15, 2015, and did not repay the principal, interest, etc. of the loan.

C. On January 29, 2016, the Business Love Loan transferred the above loan claims to the Plaintiff, and notified the Defendant of the assignment of claims on February 4, 2016.

On May 22, 2017, the Plaintiff submitted a petition of appeal attached to the notice of the assignment of claims to the next Defendant. On November 28, 2017, the said petition of appeal was served to the Defendant by public notice.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, the assignee of the above loan claim, the interest rate of KRW 3,000,000 and delay damages calculated at the rate of KRW 34.9% per annum, which is the agreed interest rate from October 16, 2015 to the date of full payment.

3. The plaintiff's claim of this case should be accepted on the ground of the reasons.

Since the judgment of the court of first instance is unfair with different conclusions, it accepted the plaintiff's appeal and revoked, and ordered the defendant to pay the above amount.

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