대여금
1. The plaintiff's claim is dismissed.
2. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 56,674,366, as well as KRW 54,808,465.
1. Facts of recognition;
A. On January 17, 2017, the Plaintiff: (a) determined the interest rate of KRW 57 million to the Defendant at 10.4% per annum; (b) 21.4% per annum less than three months in arrears; (c) 21.9% per annum less than three months and less than six months in arrears; (d) 22.4% per annum for not less than three months and more than three months; and (e) determined the due date on January 24, 202 as the repayment method of the principal and interest.
B. However, the Defendant delayed the payment of the said principal and interest, thereby losing the benefit of July 1, 2017. As of July 10, 2017, the Defendant bears the liability of KRW 56,674,366, which deducts the player interest from the amount of KRW 13,315,00,00,00 for the principal and interest of KRW 54,808,465 as of July 10, 2017, and the interest accrued up to that point (ordinary interest of KRW 835,707, overdue interest of KRW 201,384), overdue interest of KRW 6,152, and the redemption fee of KRW
C. Meanwhile, on November 6, 2017, in the proceeding of the instant lawsuit, the Plaintiff transferred the said claim to the Intervenor succeeding to the Plaintiff, and the Plaintiff’s succeeding intervenor obtained the notification of the assignment of claims from the Plaintiff and notified the Defendant of the assignment of claims.
【Ground for recognition】 Evidence Nos. 1, 2, and 3, and the purport of the whole pleadings
2. The plaintiff sought the performance of the above obligation to the defendant, but the fact that the plaintiff transferred his claim to the plaintiff succeeding intervenor during the lawsuit of this case is identical to the above facts. Thus, the plaintiff's claim cannot be accepted without the need for further review.
3. According to the facts established as to the claim of the Plaintiff’s succeeding intervenor, the Defendant is obligated to pay the Plaintiff’s succeeding intervenor the sum of KRW 56,674,366 as of July 10, 2017, including the principal and interest as of July 10, 201, and KRW 54,808,465 as of principal and interest, and delay damages at the rate of KRW 22.4% per annum as stipulated in the above agreement.
4. Thus, the plaintiff's claim is without merit, and the plaintiff's claim is justified.