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(영문) 서울북부지방법원 2018.06.28 2018나31062
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 6,901,505 and KRW 4,745,872 among the Plaintiff’s KRW 6,901,50 and the Plaintiff’s KRW 4,745,872 are as follows.

Reasons

1. Facts of recognition;

A. On December 3, 2015, SB Savings Bank (hereinafter “instant loan”) granted a loan of KRW 5,00,000 to the Defendant by setting the lending period of KRW 36 months, the repayment of principal and interest equal in repayment method, the repayment of principal and interest equal in repayment method, the agreed interest rate of KRW 33.9% per annum, and the overdue interest rate of KRW 34.9% per annum (hereinafter “instant loan”).

B. On March 21, 2017, SB Savings Bank transferred the instant loan claims to the Plaintiff, and the Plaintiff was delegated with the authority to notify the assignment of claims and notified the Defendant of the assignment of claims on or before July 31, 2017.

C. The instant loan claims amounting to KRW 6,901,505 in total as of July 11, 2017 (i.e., interest KRW 4,745,872 prior to the acquisition of principal KRW 1,502,185, and interest KRW 653,448).

【Reasons for Recognition】 Each entry of evidence Nos. 1, 3, 4, and 5, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff, the transferee of the instant loan claim, the amount of KRW 6,901,50, and the principal amount of KRW 4,745,872, as well as delay interest rate of KRW 34.9% per annum from July 12, 2017 to the date of full payment.

3. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning. Since the judgment of the court of first instance is unfair on the grounds of its conclusion, it accepted the plaintiff's appeal and revoked it and ordered the defendant to pay the above money. It is so decided as per Disposition.

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