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(영문) 서울중앙지방법원 2018.03.30 2017나66536
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 3,026,906 as well as its full payment from September 6, 2013.

Reasons

1. Basic facts

A. On August 4, 2010, the Defendant entered into a loan transaction agreement with APS Co., Ltd. (formerly APPS Co., Ltd.; hereinafter “APS”) with a loan limit of KRW 5,000,000, August 4, 2013 on the expiration date of the contract, 38% per annum on the loan interest rate and delay damages rate, and 1,000,000 won per day on the loan transaction agreement with a free repayment method (hereinafter “instant loan agreement”).

B. Since then, the Defendant repeated loans and additional loans over several times, but failed to repay the principal from September 6, 2013.

As of September 5, 2013, the outstanding principal under the instant loan agreement is KRW 3,026,906.

C. On July 31, 2014, Apropy social loan transferred the instant loan claim to Orapro Capital Co., Ltd. (former trade name prior to the change; hereinafter “Oprop Capital”) and notified the transfer of the instant loan claim, and Oraprop Capital transferred the instant loan claim to the Plaintiff on March 6, 2015, and notified the transfer of the instant loan claim.

[Grounds for recognition] The descriptions 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 the Plaintiff, the transferee of the instant loan claim, the amount of KRW 3,026,906, and damages for delay calculated at the rate of 38% per annum, which is the agreed interest rate, from September 6, 2013 to the date of full payment, from September 6, 2013 to the date of full payment.

3. If so, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance which has different conclusions is unfair, and it is so decided as per Disposition by cancelling this and ordering the payment of the above amount.

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