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(영문) 서울중앙지방법원 2018.05.09 2017나77574
양수금
Text

1. Revocation of the first instance judgment.

2. From June 12, 2012 to August 22, 2017, the Defendant’s KRW 2,114,688 to the Plaintiff and its related costs.

Reasons

Comprehensively taking account of the statements in Gap evidence Nos. 1 through 5 as to the cause of the claim, the social loan corporation (former trade name: E&P loan corporation) established the interest rate of 38.81% per annum on July 26, 201 and loaned KRW 2,50,000 to the defendant on July 26, 201; the defendant began to pay the principal and interest from June 12, 2012; the A-PP social loan corporation transferred its claims against the defendant on December 31, 2012 to the A-PP loan corporation and notified the defendant of the transfer on January 9, 2013; the transfer of claims against the defendant on May 23, 2014; and the transfer of claims against the defendant on May 23, 2014; the fact that the transfer of claims against the defendant on May 23, 2014 was recognized as the basis for the principal and interest of loan against the defendant on May 21, 2012.

Therefore, as the Defendant seeks from June 12, 2012, which is the day following the above basic date, to August 22, 2017, the delivery date of a copy of the complaint of this case, the Defendant is obligated to pay to the Plaintiff 2,114,68 won and damages for delay calculated at the rate of 6% per annum under the Commercial Act and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

The plaintiff's claim for conclusion shall be accepted with due reason.

The judgment of the court of first instance is unfair in conclusion with different conclusions, and it is so decided as per Disposition by cancelling it and ordering the defendant to pay it.

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