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(영문) 서울중앙지방법원 2018.03.15 2017나31653
양수금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 456,726 as well as its full payment from September 27, 2012.

Reasons

1. Facts of recognition;

A. On April 2, 2012, E&P Co., Ltd. loaned money to the Defendant by setting the loan limit of KRW 4,900,000, the first used amount of KRW 2,500,000, interest and interest for delay at KRW 48.54% per annum on April 2, 2012, with the expiration date of the contract as of April 2, 2012.

B. On April 30, 2013, a social loan company E&P transferred the above loan claims against the Defendant to the Y Capital Loan Co., Ltd., and on February 22, 2014, the YP loan Co., Ltd. transferred the above loan claims against the Defendant to the Plaintiff (the Plaintiff, prior to the change), and on March 20, 2014, 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 foregoing loan credit is KRW 456,726 as of September 26, 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 amount of the above loan claim 456,726 won and damages for delay calculated at the rate of 38.81% per annum from September 27, 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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