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(영문) 서울중앙지방법원 2017.08.30 2017나31219
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,406,583 and its payment from December 14, 2011.

Reasons

1. The following facts are deemed to have been led by the defendant under Article 150 of the Civil Procedure Act:

A. On June 7, 2011, E&P (hereinafter “E&P social loan”) entered into a loan transaction agreement with the Defendant on a lending limit of KRW 5,000,000, and on June 7, 2014, at an interest rate and delay damages rate of KRW 38.81% per annum, and loaned money to the Defendant.

B. As of December 14, 201, the principal amount of the above loans held against the Defendant as of December 14, 201 by E&P social loans created by E&P is KRW 2,406,583.

C. On July 31, 2012, a social loan created by AWP has been transferred to the Defendant, and on February 22, 2014, ASP loan Co., Ltd. (No. 2014 from ASP loan Co., Ltd., to ice loan Co., Ltd. on March 10, 2014; on March 13, 2014, to ice loan Co., Ltd.; and on April 22, 2014, each of the changes has been made to the trade name as of April 22, 2014; hereinafter referred to as “Plaintiff”), the above loans against the Defendant were transferred in succession, and thereafter notified the Defendant of each of the above assignment of claims by mail with content-proof.

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff who acquired the above loan claim in succession at the rate of 38.81% per annum, which is the agreed interest rate from December 14, 201 to the date of full payment.

3. If so, the plaintiff's claim of this case is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion. Thus, the judgment of the court of first instance is revoked and the judgment of the court of first instance is revoked and the defendant is ordered to pay the amount as stated in Paragraph 2 of the Disposition.

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