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(영문) 서울중앙지방법원 2017.09.15 2017나31714
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 1,937,152 as well as the full payment with respect thereto from May 29, 2012.

Reasons

1. On March 12, 2010, Defendant (former name: B) entered into a loan agreement with A&P social company (hereinafter “stock company”) that took place on March 12, 2010, setting the lending period as 48.54% of each of the interest rates and delay damages rate until March 12, 2012, and borrowed KRW 2,00,000 from E&P’s initials.

On May 29, 2012, the defendant had a delay in the performance of the obligations of KRW 1,937,152 for the remaining principal of the loan.

On July 29, 2011, E&P transferred the above loans and damages for delay to the Defendant (the former trade name before the change: the company’s trade name) on February 22, 201, and on February 22, 2014, E&P transferred the above loans and damages for delay to the Defendant to the Plaintiff (the former trade name before the change of the company), and notified the Defendant of each transfer.

The social and saf capital loans and the plaintiff are both registered in accordance with the Act on Registration of Credit Business, etc. and Protection of Finance Users, and all companies engaged in credit business.

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

2. If so, the Defendant is liable to pay to the Plaintiff, the final transferee, the amount of KRW 1,937,152 as well as damages for delay calculated at the rate of 39% per annum, as the Plaintiff seeks, within the scope of the agreed interest rate from May 29, 2012 to the date of full payment.

3. According to the conclusion, the plaintiff's claim is accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair as a result of the plaintiff's submission of evidence that corresponds to the grounds of the claim, which led to the appellate trial, and thus, the court of first instance accepted the plaintiff's appeal and revoked it, and ordered the defendant to pay the above amount, and the above circumstance is the case where the lawsuit is delayed due to the cause attributable to the plaintiff, and thus, the plaintiff shall bear part of the total costs of the lawsuit by applying Articles 98,

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