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(영문) 서울중앙지방법원 2017.10.12 2017나31578
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 1,590,560 as well as its full payment from November 7, 2012.

Reasons

1. Facts of recognition;

A. On November 21, 2008, E&P lending Co., Ltd. loaned KRW 2,400,000 to the Defendant on November 21, 2008, setting the loan interest rate and delay delay interest rate of 38.81% per annum, and the due date of payment of KRW 2,40,000 on November 21, 201.

(hereinafter “instant loan”). (b)

On November 6, 2012, the Defendant repaid KRW 57,800 to the last one, and after the last one, the principal of the instant loan remains in KRW 1,590,560.

C. On June 26, 2013, a social loan company E&P transferred the instant loan claim to the Plaintiff on February 22, 2014, and on May 23, 2014, the transferee of the claim delegated the authority to notify the assignment of the claim from the respective transferor of the claim, and notified the Defendant of each of the above assignment of claim by content-certified mail on May 23, 2014.

【Ground of recognition】 Each entry of evidence Nos. 1 through 4, and the purport of the whole pleadings

2. According to the above facts, the Defendant, the final transferee of the instant loan claim, is obligated to pay to the Plaintiff the interest rate of KRW 1,590,560 of the principal of the instant loan and the delay interest rate of KRW 38.81 per annum, which is the interest rate and the delay interest rate, from November 7, 2012 to the date of full payment, from November 7, 2012.

Therefore, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion, and thus, it is so decided as per Disposition by accepting the plaintiff's appeal and ordering the defendant to pay the above money.

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