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(영문) 서울서부지방법원 2019.01.11 2018나30157
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,693,857 as well as the full payment with respect thereto from December 22, 2016.

Reasons

1. Facts of recognition;

A. C Co., Ltd (hereinafter “Nonindicted Company”) loaned KRW 3,00,000 to the Defendant on December 2, 2015, and determined that the repayment of principal and interest equal to repayment method, the expiration date date of repayment, December 2, 2020, each year of lending interest rate and overdue interest rate, 34.9% per annum, and the terms and conditions for lending interest loss under Article 12 of the Loan Transaction Standard Terms and Conditions.

(hereinafter “instant claim”). Article 12 (Loss of Benefit of Time)

2. Where any of the following causes occurs to a debtor, the benefit of the deadline shall be lost:

Provided, That a credit service provider shall notify the obligor of the following delay of payment and the fact that the benefit arising therefrom will be lost by no later than seven business days prior to the due date, and if the obligor fails to notify by no later than seven business days prior to the due date, the obligor shall lose the due date after seven business days from the date the actual notification is delivered:

When interest is delayed for two months from the time when interest is to be paid;

(b) Where the payment of principal and interest on installment payments or installment payments is delayed on at least two consecutive occasions, and such amount exceeds 1/10 of loans;

(b) The main contents of Article 12 of the Standard Terms and Conditions for Loan Transactions are as follows:

C. On December 8, 2016, Nonparty Company transferred the instant claim to the Plaintiff, and notified the Defendant of the fact of transferring the said claim, around May 17, 2018, by the Plaintiff, who was delegated by Nonparty Company with the authority to notify the assignment of claim.

The Defendant repaid the principal and interest of the instant claim by December 21, 2016, and as of December 22, 2016, the instant claim remains in KRW 2,693,857.

On November 24, 2018, the notice of loss of the Plaintiff’s interest due to delay in payment of interest for two months after the Defendant paid the interest reaches the Defendant on November 24, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 11, Gap evidence 15, the purport of the whole pleadings

2. Determination as to the cause of the claim.

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