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(영문) 서울중앙지방법원 2017.09.06 2016나79900
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 4,600,000 as well as its full payment from September 10, 2012.

Reasons

The following facts are recognized in full view of the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 7:

- On March 16, 2010, the Defendant borrowed KRW 3,80,000,000 from a social loan corporation E&P, the amount of the loan limit of KRW 4.9 million, delay damages rate, and annual interest rate of KRW 48.54%.

(hereinafter “instant contract”). - As of September 10, 2012, the Defendant repeats the additional loans and partial repayment of debts based on the instant contract even thereafter, and as of September 10, 2012, the Defendant’s obligations against the social loan company E&P KRW 4.6 million based on the principal amount.

(hereinafter referred to as “instant claim”). - The Social Loan Co., Ltd., which E&P created the instant claim against the Defendant, transferred on December 2, 2013 the instant claim to the Gas Capital Loan Co., Ltd.

On February 20, 2014, the Bosg Capital Loan Co., Ltd. transferred the instant claim to the Plaintiff.

The Plaintiff notified the Defendant of the acquisition of the instant claim upon delegation by E&P Social Loan Co., Ltd. and Bosg Capital Loan Co., Ltd.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 4,600,000 of the principal of the loan under the instant contract and damages for delay calculated at the rate of 38.81% per annum as the Plaintiff seeks, within the scope of the agreed damages for delay from September 10, 2012 to the date of full payment.

If so, the claim of this case is justified, and it is unfair to conclude the judgment of the court of first instance differently, so the plaintiff's appeal is accepted and the judgment of the court of first instance is revoked and it is so decided as per Disposition.

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