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(영문) 서울중앙지방법원 2017.11.22 2017나13808
양수금
Text

1. Revocation of the first instance judgment.

2. The defendant shall pay 2,200,000 won to the plaintiff and shall complete the payment from August 26, 2008.

Reasons

1. Facts of recognition;

A. The Plaintiff (the former trade name before the change: the lending company) is a lending company that completed registration under the Act on Registration of Credit Business, etc. and Protection of Finance Users.

B. On April 25, 2008, the Defendant borrowed KRW 2,200,000 from the social company E&P from April 25, 2008 by determining the loan interest rate and delay damages rate of 48.54%, and the loan period of KRW 2,20,000 as of April 25, 201.

(hereinafter “instant loan”). C.

On October 31, 2008, E&P lending Co., Ltd. transferred in sequence the claim for the instant loan to the Plaintiff on February 22, 2014.

A&A social loan company and A&P loan company have notified the Defendant of the assignment of each of the above assignment of claims, and reached the Defendant at that time.

On the other hand, the defendant did not pay the loan of this case from July 2008, and the overdue interest rate applied by the plaintiff is 39% per annum.

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

2. According to the facts of the above recognition, the defendant is obligated to pay the plaintiff who acquired the claim for the loan of this case the interest rate of 39% per annum, which is the overdue interest rate of 2,200,000 won from August 26, 2008 to the day of complete payment, as claimed by the plaintiff after the date of delinquency.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair, so the judgment of the court of first instance is revoked, and the defendant is ordered to pay the above money, and it is so decided as per Disposition.

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