대여금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. The defendant is against the plaintiff succeeding intervenor 288,589.
1. Facts of recognition;
A. On July 31, 2006, the Plaintiff (former Switzerland Savings Bank Co., Ltd.: 150,000,000 won to the Defendant on July 31, 2006, with a maturity of 150,000,000 and interest rate of 12.5%, and delayed interest rate of 24% (hereinafter “the Plaintiff’s loan claim”). On February 25, 2013, the loan principal that was not paid as of February 25, 2013 is KRW 130,00,000, interest and interest rate of 158,589,313.
B. On July 16, 2013, the Plaintiff’s succeeding intervenor entered into an asset acquisition agreement with the Plaintiff on the acquisition of all the Plaintiff’s claims, including the instant loan claims, and notified the Defendant of the transfer of the instant loan claims on December 20, 2013. The said notification was issued to the Defendant around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 6, 10, Eul evidence No. 2, the purport of the whole pleadings
2. The Plaintiff’s claim as to the Plaintiff’s claim was transferred to the Intervenor succeeding to the Plaintiff. As seen earlier, the Plaintiff’s claim against the Defendant based on the Plaintiff’s claim for the instant loan is without merit without examining further claims.
3. Determination as to the claim of the Plaintiff’s succeeding intervenor
A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff’s Intervenor who acquired the claim for the instant loan from the Plaintiff the interest of KRW 130,00,000 and interest of KRW 158,589,313 (= KRW 130,000,000) and interest of KRW 158,589,313, which are the outstanding principal and interest of KRW 158,589,313, which are the sum of the outstanding principal and interest of KRW 130,00,000 from February 26, 2013 to the day of full payment (= KRW 158,589,313), and among them, the interest of agreed interest of KRW 130,00,000 at a rate of 24% per annum.
B. 1) Determination of the Defendant’s assertion of false conspiracy regarding the Defendant’s assertion 1) The purport of the Defendant’s assertion is to grant additional loans to D Co., Ltd. (hereinafter “D”) by avoiding the restriction on the limit on loans to the same person.