대여금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3.on the basis of an application for succession participation in the trial.
1. According to the determination on the cause of a claim, the Defendant is obligated to pay the agreed overdue interest calculated at the rate of 31.9% per annum, which is the overdue interest rate, from January 15, 2015 to the date of full payment, to the Plaintiff-Succession Intervenor who acquired the loan claim under the following circumstances, as to the amount of KRW 6,027,273 of the loan principal and interest and the principal of KRW 5,586,635 of the loan principal and interest, barring any special circumstance.
On the other hand, the Plaintiff transferred the following loan claims to the Intervenor succeeding to the Plaintiff, and thus, it is not possible to seek payment of the above loan against the Defendant.
On August 21, 2014, the Plaintiff leased KRW 5,700,000 (hereinafter “instant loan”) to the Defendant by setting the lending period of 36 months, agreed interest rate of 21.9% per annum, agreed interest rate of 31.9% per annum, and repayment method of 20 days per month.
(hereinafter “instant loan for consumption”). (b)
From October 20, 2013, the Defendant delayed the payment of the principal and interest of the instant loan from around October 20, and lost the benefit of time due to the instant loan obligations on December 20, 2014.
C. On March 22, 2016, the Plaintiff’s succeeding intervenor acquired the instant loan claims from the Plaintiff, and sent a notice of the assignment of claims to the Defendant by content-certified mail on April 12, 2016 upon delegation of the power to notify the assignment of claims. The said notice of assignment of claims reached the Defendant around that time.
C. Meanwhile, as of January 14, 2015, the sum of the principal and interest of the instant loan claims as of January 14, 2015 is KRW 6,027,273 ( = principal interest = KRW 5,586,635, interest at KRW 321,591, interest rate at KRW 129,047).
[Ground of recognition] Facts without dispute, Gap's evidence 1 to 5, Gap's evidence 1, 2, Eul's evidence 7, the purport of the whole pleadings
2. Judgment on the defendant's assertion
A. The defendant's assertion 1) The defendant's assertion 1 unit of the vehicle B and Abdol XD (automobile registration number: C; hereinafter "the vehicle in this case").
without notifying the defendant of the material defect.