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(영문) 서울중앙지방법원 2017.09.15 2017나31264
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 2,098,742 as well as the full payment with respect thereto from December 27, 2011.

Reasons

1. The Defendant, on November 13, 2008, entered into a loan agreement with A&P social company (hereinafter “stock company”) and the lending period set at the rate of 48.54% each until November 13, 201, and borrowed KRW 2,60,000 from E&P social finance.

On December 27, 2011, the defendant had delayed payment of the remaining principal of the loan amount of KRW 2,098,742.

On May 31, 2010, E&P transferred the above loans and damages for delay to the Defendant on February 22, 2014, and notified the Defendant of each transfer of each of the above loans and damages to the Defendant around that time.

The social and saf capital loans and the plaintiff are both registered in accordance with the Act on Registration of Credit Business, etc. and Protection of Finance Users, and all companies engaged in credit business.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. If so, the Defendant is liable to pay to the Plaintiff, the final transferee, the amount of KRW 2,098,742 as well as damages for delay calculated at the rate of 39% per annum within the scope of the agreed interest rate from December 27, 201 to the date of full payment.

3. According to the conclusion, the plaintiff's claim is accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair as a result of the plaintiff's submission of evidence that corresponds to the grounds of the claim, which led to the appellate trial, and thus, the court of first instance accepted the plaintiff's appeal and revoked it, and ordered the defendant to pay the above amount, and the above circumstance is the case where the lawsuit is delayed due to the cause attributable to the plaintiff, and thus, the plaintiff shall bear part of the total costs of the lawsuit by applying Articles 98,

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