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(영문) 서울중앙지방법원 2017.08.23 2016나79894
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,962,606 as well as its full payment from April 1, 2015.

Reasons

1. Facts of recognition;

A. On January 21, 2014, 201, a social loan company (hereinafter “foreign company”) established and lent to the Defendant an amount of KRW 3,000,000 to the Defendant on January 22, 2017, and the interest rate and delay damages rate are 38.81%, respectively.

B. On August 31, 2015, Nonparty Company transferred the above loan claims to the Plaintiff, and the same year.

9.7. The notice of the assignment of claims shall be completed by way of content-certified mail.

C. Meanwhile, from April 1, 2015, the Defendant began to delay the repayment of the above loan claims, and the principal amount at the time remains in KRW 2,962,606.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 4, 5, and 6, 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 assignee of the above loan claim, the amount of KRW 2,962,606, and damages for delay calculated at the rate of 38.81% per annum from April 1, 2015 to the date of complete payment, which is the date of delinquency.

3. Thus, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance which has different conclusions is unfair, so the judgment of the court of first instance is revoked and the defendant is ordered to pay the above amount, and it is so decided as per Disposition.

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