logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.12.01 2017나32656
양수금
Text

1. Revocation of the first instance judgment.

2. The defendant shall pay to the plaintiff KRW 3,977,166 as well as its full payment from April 18, 2009.

Reasons

1. The Defendant entered into a loan agreement with a social loan company E&P on November 20, 2006 (the trade name before the change: partnership company; hereinafter “stock company”) and the loan period until November 20, 2009, setting the rate of interest and delay damages rate of 66% per annum, and received 4,000,000 won from the social loan E&P.

On April 18, 2009, the defendant had a delay in the performance of the obligations of the remaining principal amount of KRW 3,977,166 among the above loans.

On November 30, 2009, E&P took social loans to the company for the Gas Capital Loans (hereinafter “stock company”) and on February 22, 2014, the Gas Capital Loans to the Plaintiff (former trade name: Gas Capital Loans Co., Ltd.) transferred the above loans and damages for delay to the Defendant in sequential order, and notified the Defendant of each transfer thereof around that time.

The social loan, wedding loan and the plaintiff are all registered in accordance with the Act on Registration of Credit Business, etc. and Protection of Finance Users, and companies engaged in credit business.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 5 through 8, and the purport of the whole pleadings

2. If so, the defendant is liable to pay to the plaintiff as the final transferee the above principal of the loan and damages for delay calculated at the rate of 38.81% per annum as requested by the plaintiff within the scope of the above agreed interest rate from April 18, 2009 to the date of full payment.

3. According to the conclusion, the plaintiff's claim is accepted on the ground of its reasoning, and since the court of first instance was found to be unfair as a result of the plaintiff's submission of evidence corresponding to the ground of claim, the court of first instance accepted the plaintiff's appeal and revoked it, and ordered the defendant to pay the above money, and such circumstance constitutes a delay in litigation due to the cause attributable to the plaintiff, and thus, the plaintiff bears part of the total costs of litigation by applying Articles 98, 100 and 10

arrow