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(영문) 서울중앙지방법원 2017.10.12 2017나32427
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 3,00,000 and the amount thereof from January 13, 2016.

Reasons

1. Facts of recognition;

A. On August 7, 2014, a social loan corporation created a loan of KRW 34.9% per annum on the loan interest rate and delay damages rate to the Defendant and KRW 3,000,000 on August 7, 2017.

(hereinafter “instant loan”). (b)

On January 12, 2016, the Defendant repaid 40,000 won finally, and after the final repayment, the principal of the instant loan remains in KRW 3,00,000.

C. On February 29, 2016, a social loan company Apropha transferred the instant loan claim to the Plaintiff, and around that time, notified the Defendant of the transfer of the claim by content-certified mail.

【Ground of recognition】 Each entry of evidence Nos. 1 through 4, and the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff, a transferee of the instant loan the interest rate of KRW 3,000,000 of the principal of the instant loan and the damages for delay at the rate of 34.9% per annum, which is the interest rate and the delayed interest rate, from January 13, 2016 to the date of full payment, from January 13, 2016.

Therefore, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion, and thus, it is so decided as per Disposition by accepting the plaintiff's appeal and ordering the defendant to pay the above money.

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