대출금
1. The Defendant shall pay KRW 50,000,000 to the Intervenor succeeding to the Plaintiff and KRW 24% per annum from December 21, 2013 to the date of full payment.
1. The Plaintiff, on November 23, 201, extended a loan to the Defendant with interest of KRW 80,000,000 per annum 24% and due date on April 21, 2012.
The defendant paid only interest by November 22, 2013.
On May 22, 2014, the Plaintiff recovered part of the auction price for real estate and left 50,000 won.
On November 19, 2015, the Plaintiff transferred the remainder of the Plaintiff’s loans to the Defendant and its delayed damages to the Intervenor succeeding to the Plaintiff (hereinafter the succeeding Intervenor) and notified the Intervenor.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 and the purport of the whole pleadings
2. Determination:
A. According to the above facts as to the Plaintiff’s claim, the Plaintiff transferred the remainder of the loans and damages for delay against the Defendant to the succeeding intervenor during the instant period, and thus, there is no right to claim the loan to the Defendant.
Therefore, the plaintiff's claim is without merit.
B. According to the above facts as to the claim of the succeeding intervenor, the defendant is obligated to pay the succeeding intervenor who acquired the plaintiff's claim at the rate of 24% per annum from December 21, 2013 to the date of full payment, as the succeeding intervenor seeks from the date of final interest payment to the date of full payment.
3. The plaintiff's claim of this case is dismissed as it is without merit. The successor's claim of this case is justified and it is decided as per Disposition with the assent of all participating Justices.