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(영문) 서울중앙지방법원 2020.10.28 2019나76629

대여금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3.(a)

The defendant shall make 12,019 against the plaintiff succeeding intervenor.

Reasons

1. Facts of recognition;

A. On July 28, 2003, the Plaintiff lent 3,500,000 won to the Defendant at the interest rate of 15.2% per annum, and the overdue interest rate of 15.2% per annum. The Plaintiff lost its interest due to the Defendant’s failure to pay the above loan within the time limit.

In light of the first instance judgment, at the time of the closing of argument in the first instance judgment, the overdue interest rate seems to have been 25% per annum. After the Plaintiff’s succeeding intervenor acquired the instant loan claim, the Plaintiff’s succeeding intervenor reduced the interest rate by 17% per annum, which is the lowest interest rate among the overdue interest rates of financial institutions, and then reduced by 15% per annum from January 1, 2017.

(1) No. 2) 1.2

On June 21, 2013, the Plaintiff was the Intervenor succeeding to the Plaintiff.

On June 23, 2014, the Plaintiff’s succeeding intervenor, who was delegated with the power to notify the assignment of claims by the Plaintiff, transferred all of the claims under the loan agreement stated in the claim (hereinafter “instant loan claim”), and notified the Defendant of the assignment of claims by content-certified mail.

C. As of June 26, 2019, the principal and interest of the instant loan claims as of June 26, 2019 are 12,019,369 won in total, including the principal and interest of KRW 3,50,00,00, interest for arrears of KRW 8,519,369, and the present rate of overdue interest in arrears is 15% per annum.

On January 21, 2020, the Plaintiff’s succeeding intervenor applied for intervention in succession to this court.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 2-1, the purport of whole pleadings

2. As seen earlier, the Plaintiff’s claim is without merit since it transferred the instant loan claims to the Intervenor succeeding to the Plaintiff after the judgment of the first instance was rendered. Thus, the Plaintiff’s claim is without merit.

3. Determination as to the claim of the Plaintiff’s succeeding intervenor

A. According to the above facts of determination as to the cause of the claim, the Defendant shall pay to the Intervenor succeeding to the Plaintiff, the transferee of the instant loan claim, 12,019,369 won and 3,500,000 won, whichever is next to the base date, 15% interest rate per annum from June 27, 2019 to the date of full payment.