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(영문) 서울중앙지방법원 2015.05.27 2014나70077

대여금

Text

1. The part against the plaintiff in the judgment of the court of first instance shall be revoked, and the plaintiff's claim concerning it shall be dismissed.

The defendant.

Reasons

1. Determination as to the claim

A. On April 10, 2013, the Defendant was loaned KRW 11.5 million from HK Savings Bank at an annual interest rate of 34.9%.

The Defendant repaid part of the principal and interest of loans until June 25, 2013, but the balance of loans that the Defendant was unable to repay was KRW 10,890,158 (hereinafter “instant loans”).

On the other hand, the instant loan claim was transferred in sequence from HK Savings Bank to the Plaintiff and the Intervenor succeeding to the Plaintiff, and the assignment of claims was also notified at that time.

[Grounds for recognition] Gap 1 to 6, Byung 1 to 3, the purport of the whole pleadings

B. As in the instant case, only the Plaintiff appealed, the judgment of the first instance court is limited to the dismissed portion of the Plaintiff’s claim.

However, as seen earlier, the Plaintiff’s claim for the instant loan was transferred to the Intervenor succeeding to the Plaintiff, and thus, the Plaintiff has no right to seek the payment of the instant loan.

On the other hand, since the intervenor succeeding to the plaintiff who acquired the claim for the loan of this case from the plaintiff succeeded to the plaintiff in the appellate trial of this case, the defendant is obligated to pay the loan of this case 10,890,158 won and delay damages to the plaintiff succeeding to the plaintiff as the last transferee.

2. According to the conclusion of the judgment of the court of first instance, the part against the plaintiff among the judgment of the court of first instance is revoked, and the plaintiff's claim is dismissed, and the defendant shall be ordered to pay the money recognized in the disposition to the plaintiff succeeding intervenor