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(영문) 서울중앙지방법원 2017.10.12 2017나32809
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 6,277,758 and its payment from May 11, 2016.

Reasons

1. Facts of recognition;

A. On March 10, 2015, a social loan corporation created a loan of KRW 7,00,000 on a yearly basis with a loan interest rate of 34.9%, the due date for payment on March 10, 2018, and the interest payment date of KRW 7,00,000,000 to the Defendant.

(hereinafter “instant loan”). (b)

On December 31, 2015, A professional loan company transferred the instant loan claim to the Plaintiff, and notified the Defendant of the assignment of the claim by content-certified mail on January 6, 2016.

C. On May 10, 2016, the Defendant repaid KRW 100,000 to the end, and after the final repayment, the principal of the instant loan remains in KRW 6,277,758.

【Ground of recognition】 Each entry of evidence Nos. 1 through 4, and the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff, a transferee of the instant loan the interest rate of KRW 6,277,758 of the principal of the instant loan and the delayed interest rate of KRW 34.9% per annum, which is the interest rate and delay interest rate, from May 11, 2016 to the date of full payment.

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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