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(영문) 서울중앙지방법원 2017.11.22 2017나47245

대여금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The Defendant’s successor to the Plaintiff:

A. 21,965

Reasons

1. Facts of recognition;

A. On August 4, 201, the Plaintiff: (a) lent KRW 18,00,000 to the Defendant on the basis of the installment repayment of principal and interest, interest rate of KRW 28% per annum, and interest rate of arrears rate of KRW 29% per annum for 48 months.

On or after October 21, 2013, the Defendant delayed the principal and interest of the loan as of January 9, 2017. The principal of the loan as of January 9, 2017 is KRW 10,321,912, interest KRW 2,852,207, and delay damages are KRW 8,791,871.

B. On October 7, 2012, the Plaintiff lent KRW 3,000,000 to the Defendant on a 24-month basis at the rate of 26.9% per annum, interest rate per annum, and interest rate per annum 28.9% per annum.

On or after October 21, 2013, the Defendant did not pay the principal and interest of the loan as of January 9, 2017, and the principal amount of the loan as of January 9, 2017 is KRW 1,698,349, interest KRW 257,519, and delay damages are KRW 1,513,00.

C. On June 19, 2017, the Plaintiff transferred each of the above loans to the Intervenor succeeding to the Plaintiff and notified the Defendant of the transfer at that time.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers, if any) and the purport of the whole pleadings

2. The Defendant is obligated to pay to the Intervenor’s Intervenor for delay calculated at the rate of 29% per annum for the principal and interest of loans of 21,965,90 won and for the principal of 10,321,912 won among them, and for delay damages calculated at the rate of 29% per annum from January 10, 2017 to the date of full payment, and for the principal and interest of loans of 3,468,868 won and for the loans of 7 October 2012, the principal and interest of 1,698,349 won among them, and for delay damages calculated at the rate of 28.9% per annum from January 10, 2017 to the date of full payment.

3. The plaintiff's claim by the plaintiff succeeding intervenor who participated in this court is justified. Since the plaintiff's claim by the plaintiff who transferred the claim of this case is without merit, the judgment of the court of first instance and the plaintiff's claim is dismissed. It is so decided as per Disposition.