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(영문) 서울중앙지방법원 2016.04.21 2015나38971
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 2,410,543 as well as the full payment with respect thereto from June 2, 2012.

Reasons

1. Basic facts

A. On March 9, 2010, E&P Co., Ltd. (hereinafter “E&P”) concluded a contract under which the loan limit was KRW 4,900,000, and the loan period was March 9, 201; the loan interest rate was 48.54% per annum; and the principal and interest equal was 48.54% per annum; and the Defendant was given a loan (hereinafter “instant loan agreement”).

Pursuant to the above loan contract, A&P deposited KRW 3,800,000 in the defendant's NongHy account on the same day.

B. For the subsequent loans, KRW 406,000 in the name of the defendant on March 23, 2010, and the same year.

4. The name of 28. B, 300,000 won, and the same year.

5. The name of 25. B, 120,000 won, and the same year.

6. 25. C in the name of C 406,000 won, and the same year.

7. On 30. B, 406,00 won was deposited respectively in the name of 30.2 and was treated as a principal and interest payment.

C. A. As the principal and interest of the instant loan agreement was not repaid by the due date, A&D entered into a loan agreement with the effect that KRW 2,441,273 of the balance of the loan remaining around May 24, 201 is converted to the principal of a new loan agreement and the period of the loan was changed to May 24, 2014 (hereinafter “instant converted loan agreement”).

On the other hand, on December 31, 2012, E&P transferred the above loan claim (based on KRW 2,410,543) to the Y Capital Loan Co., Ltd. (hereinafter “YF Capital”), and the YF transferred the above loan claim to the Plaintiff on February 22, 2014, and notified the Defendant of each of the above assignment claims by mail proving the content of the assignment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is a party to the loan contract of this case, and the plaintiff is sought as a party to the loan of this case, who is the final transferee of the above loan of this case, the principal of the loan of this case and after the date of loan.

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