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(영문) 서울중앙지방법원 2018.03.15 2017나31424
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 99,535 as well as the full payment with respect thereto from February 2, 2012.

Reasons

1. Facts of recognition;

A. On September 22, 2011, ENP lending Co., Ltd. loaned money to the Defendant by setting the lending limit of KRW 5,000,000,000, the initial use amount of KRW 1,000,000, interest and interest for arrears at KRW 38.81% per annum, with the expiry date of the contract as August 22, 2014.

B. On August 31, 2012, a social loan company E.N. L.S. transferred the above loan claims against the Defendant to the Defendant on February 22, 2014, and on March 20, 2014, the Defendant notified the Defendant of each of the above assignment of claims and sent it to the Defendant around that time.

C. The principal of the loan credit is KRW 99,535 as of February 1, 2012.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the principal amounting to KRW 99,535 of the above loan claims and damages for delay calculated by the rate of 38.81% per annum under the agreement from February 2, 2012 to the date of full payment, as the Plaintiff seeks.

3. The plaintiff's claim of this case is justified, and the judgment of the court of first instance is unfair with different conclusions, and it is so decided as per Disposition by ordering the defendant to pay the above amount.

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