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(영문) 서울중앙지방법원 2017.02.02 2016나34464
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 2,00,000 as well as its full payment from January 12, 201.

Reasons

1. Facts of recognition;

A. A. On January 11, 2011, a social loan company (hereinafter referred to as “foreign company”) created a loan (hereinafter referred to as “instant loan”) with KRW 2,00,000 due date set at 39%, respectively, on January 11, 201, and on January 11, 2013, a repayment period of KRW 2,00,000 to the Defendant.

B. On August 31, 201, Nonparty Company: (a) transferred the instant loan claims to the Plaintiff on February 22, 2014; and (b) notified the Defendant of each transfer of the said claims on May 23, 2014.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff interest and delay damages calculated by the rate of 39% per annum from January 12, 201 to the date of full payment, which is the following day of the loan, to the Plaintiff.

3. If so, the plaintiff's claim is reasonable, and the judgment of the court of first instance is unfair, so the plaintiff's appeal is accepted and the judgment of the court of first instance is revoked, and it is so decided as per Disposition by ordering the defendant to pay the above amount.

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