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(영문) 수원지방법원 2016.09.08 2015나12021

대여금

Text

1. The defendant shall pay 2,00,000 won to the plaintiff succeeding intervenor and 36% per annum from April 6, 2004 to June 28, 2005.

Reasons

1. The plaintiff (hereinafter "the plaintiff") lent KRW 4,00,000 to the defendant on February 6, 2003 at interest rate of 36%, and the plaintiff transferred loans, interest, and delay damages to the defendant to the plaintiff succeeding intervenor on January 25, 2015. On January 23, 2015, notified the defendant of the assignment of claims to the defendant on January 23, 2015, and the fact that the above contents-certified mail sent to the defendant around that time does not conflict between the parties, or reached the defendant on the basis of the whole purport of the entries and arguments in subparagraphs 1 and 2, and the plaintiff received from the defendant on March 25, 2003, the principal of the above leased principal of KRW 1,00,000 and interest of KRW 120,000 from April 25, 2003, and the principal of the above loan of KRW 100,000,00 from each person.

Therefore, the Defendant is obligated to pay 36% interest per annum from April 6, 2004 to June 28, 2005, and 20% interest per annum from the next day to the day of full payment, as the Plaintiff seeks with respect to loans remaining after repayment to the Plaintiff.

2. The defendant's defense of the defendant's defense of the defendant's defense of the payment of KRW 2,00,000,000, which was paid to the plaintiff on June 2003, as well as KRW 2,000,000, which was paid by the plaintiff to the police officer. Thus, the above defense is without merit, since there is no evidence to acknowledge it.

3. If so, the plaintiff succeeding intervenor's claim of this case is reasonable, and this case's claim is accepted, and since the plaintiff succeeding intervenor participated in the lawsuit of this case since it came to the trial of this case, the judgment of the court of first instance is modified as above, and it is so decided as per Disposition.