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(영문) 서울중앙지방법원 2017.10.11 2017나32830
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 2,951,170 as well as the full payment with respect thereto from July 24, 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. The Defendant entered into a loan agreement with the Credit Business Chain Love Loan Co., Ltd. (hereinafter “Franve Loan”) that completed the registration pursuant to the Credit Business Act, setting the lending limit of KRW 3,000,000 per annum, interest rate of KRW 34.9% per annum, interest rate of arrears rate of KRW 34.9% per annum, and date of termination of the contract, and received a loan thereafter.

(hereinafter “instant loan”). C.

On November 30, 2015, the Business Love loan transferred the claim for the loan of this case to the Plaintiff, and at that time, notified the Defendant of the assignment of the claim and delivered this notification to the Defendant.

From July 24, 2015, the Defendant delayed the instant loan, and as of the same day, the balance of principal of the instant loan is KRW 2,951,170.

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

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff who acquired the instant loan obligations at the rate of 34.9% per annum, which is the rate of delay damages, from July 24, 2015 to the date of full payment, to the date of full payment.

3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is unfair, and it is so cancelled, and it is so decided as per Disposition by ordering the defendant to pay the above money.

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