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(영문) 서울중앙지방법원 2017.09.22 2017나32632
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,89,985 as well as its full payment from January 22, 2013.

Reasons

1. Basic facts

A. On November 19, 2012, Hing Loans Co., Ltd. extended a loan to the Defendant at an interest rate of 3 million won per annum and interest rate of 39% per annum, and on November 19, 2015 during the lending period (hereinafter “instant loan”).

B. From January 22, 2013, the Defendant delayed payment of the principal and interest of the instant loan obligation, and the principal and interest of the instant loan obligation as of January 21, 2013 is KRW 2,89,985.

C. On September 30, 2013, the instant loan obligation was transferred to the YI Capital Loan Co., Ltd., and on February 22, 2014, to the Plaintiff, respectively, and on May 23, 2014, the Defendant was notified of each of the instant credit assignment.

[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 or delay damages calculated at the rate of 39% per annum, which is the agreed interest rate or delay damages rate from January 22, 2013 to the date of full payment.

3. Thus, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, so 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 money.

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