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(영문) 서울중앙지방법원 2016.01.20 2014나69794

대여금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay 8,680,491 to the intervenor succeeding to the plaintiff and its corresponding amount.

Reasons

1. Determination as to the cause of claim

A. 1) On March 28, 2012, the Solomon Savings Bank Co., Ltd. extended a loan to the Defendant by setting 39% per annum of interest and interest for delay, 60 months of loan period, and 10 million won of interest and interest for repayment in installments. 2) On January 31, 2013, the Solomon Savings Bank Co., Ltd. transferred the above loan claim against the Defendant to the Plaintiff and notified the Defendant of the assignment of the above credit on February 21, 2013.

3) On March 18, 2015, when the lawsuit at the trial was pending in the court, the Plaintiff’s claim for the above loans against the Defendant against the Intervenor succeeding to the Plaintiff (hereinafter “ Intervenor”).

(4) On April 20, 2015, an intervenor who was delegated by the Plaintiff, notified the Defendant of the assignment of the above credit. On the other hand, the Defendant delayed the repayment of the above loan obligation and lost the benefit of time. The remainder of the loan principal as of the closing date of the argument in the instant case is KRW 8,680,491.

(1) The remainder of the loan principal as of October 1, 2013 was KRW 8,859,249, and the Defendant has not paid interest in arrears that occurred after October 1, 2013). (3) The remainder of the loan principal as of October 1, 2013. (4) The remainder of the loan principal was KRW 8,859,249, and the

B. According to the above facts of determination, the defendant is obligated to pay the intervenor the agreed interest interest at the rate of 39% per annum from October 1, 2013 to the date of full payment, as the plaintiff seeks.

2. The conclusion is that the intervenor's claim is justified, and the judgment of the court of first instance shall be modified according to the participation in the party's succession as above, and it is so decided as per Disposition.