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(영문) 서울중앙지방법원 2017.11.01 2017나32786
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 9,652,694 as well as the full payment with respect thereto from December 12, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a lending company that completed registration pursuant to the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”).

B. On November 29, 2013, the Defendant borrowed KRW 9,000,000,000 from a social loan company A&P (hereinafter “A&P”) company (hereinafter “A&P”) to a new social loan company on August 1, 2014, respectively, at the lending rate of 38.81%, respectively, and at the lending deadline of November 29, 2016; and at the lending ceiling of KRW 10,000,00.

After that, the Defendant received each additional loan of KRW 1,280,000, around March 11, 2014, and KRW 259,973 around April 17, 2014, respectively, from the social loan company E&P, within the scope of the above lending limit.

(hereinafter referred to as “instant loan” by aggregating both the initial loans and the additional loans.

On March 31, 2016, A professional loan corporation transferred the instant loan claims to the Plaintiff, and notified the Defendant of the assignment of claims at that time. D.

Meanwhile, from December 12, 2015, the Defendant delayed the instant loan from December 12, 2015, and on the same day, the principal amount of the instant loan is KRW 9,652,694.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay the Plaintiff who received the instant loan claim at the rate of 38.81% per annum, which is the overdue interest rate, as stipulated in the agreement, from December 12, 2015 to the date of full payment, with respect to the principal amount of the instant loan claim, and the damages for delay calculated from December 12, 2015 to the date of full payment.

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 amount, and it is so decided as per Disposition.

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