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(영문) 서울중앙지방법원 2015.06.16 2014나69961

대여금

Text

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

The plaintiff's claim is dismissed.

B. The defendant

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 5, the Solomon Savings Bank (hereinafter " Solomon Savings Bank") established and lent 4.9 million won to the defendant on April 19, 2012 at 60 months of loan period and 39% of interest per annum, the defendant lost the interest due to delinquency in paying the principal and interest. The loan principal remaining as of December 14, 2012 was 4,654,89, and Solomon Savings Bank transferred the above loan credit to the plaintiff on January 31, 2013, and notified the defendant of the transfer of the credit on February 21, 2013, and the plaintiff transferred the loan credit to the plaintiff on March 18, 2015 while the trial was in progress, and notified the defendant of the transfer of the credit at that time.

Therefore, the plaintiff's claim is dismissed as it is without merit, and the defendant is liable to pay to the plaintiff's succeeding intervenor 4,654,889 won and damages for delay calculated at the rate of 39% per annum from December 15, 2012 to the date of full payment.

The judgment of the first instance court is unfair in conclusion, and it is so modified as above.