대여금 등
1. The plaintiff's claim is dismissed.
2. The Defendant shall grant to the Intervenor succeeding to the Plaintiff KRW 73,11,710 and KRW 48,651,813 among them.
1. On September 7, 2016, after the filing of the instant lawsuit, the Plaintiff’s claim against the Defendant was transferred to the Intervenor succeeding to the Plaintiff on September 7, 2016, and on November 4, 2016, notified the Defendant of this fact. The Plaintiff’s claim against the Defendant is without dispute among the parties, or can be acknowledged by comprehensively taking into account the purport of the entire pleadings as to the evidence A2 and 3.
2. Determination as to the claim against the plaintiff succeeding intervenor
A. The facts stated in the separate sheet of claim and each written application for participation in succession, alleged by the plaintiff succeeding intervenor as the cause of the claim in this case, are either not disputed between the parties, or can be acknowledged by considering the whole purport of the pleadings as a whole in each of the evidence Nos. 1 through 3 (including each number).
According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff’s Intervenor’s successor to the instant loan the total amount of KRW 73,111,710, and the principal amount of KRW 48,651,813 from October 1, 2015 to the date of full payment, 29% per annum under the agreement.
B. As to this, the defendant asserted to the purport that the claim in this case should be dismissed because he/she applied for individual rehabilitation to the court at present on account of economic difficulties, etc. However, the defendant's assertion is without merit, since it does not immediately cause any restriction on the exercise of his/her rights in the lawsuit of the plaintiff successor.
3. The plaintiff's claim for conclusion is dismissed as without merit, and the plaintiff's claim is accepted as reasonable.