대여금
1. The plaintiff's appeal is dismissed.
2. Based on the application for succession participation in the trial court, the defendant.
1. According to the facts of determination as to the cause of claim, the Defendant is obligated to pay the agreed interest rate or overdue interest rate calculated at the rate of 33% per annum, which is the agreed interest rate, from June 21, 2013 to August 21, 2013, and 44% per annum, which is the agreed interest rate, from the next day to the date of full payment, to the Plaintiff’s succeeding intervenor who ultimately acquired the following loan claims.
Meanwhile, as the Plaintiff transferred the instant loan claim to the Intervenor succeeding to the Plaintiff, the Plaintiff cannot seek the payment of the said loan against the Defendant.
On December 6, 2010, Solomon Savings Bank Co., Ltd. lent 5 million won to the Defendant on November 21, 2013 at maturity of November 21, 2013; 33% per annum on agreed interest rate; and 44% per annum on agreed overdue interest rate.
(hereinafter “instant loan”). (b)
On January 31, 2013, the Plaintiff acquired the instant loan claim from Solomon Savings Bank, and sent a notice of assignment to the Defendant by content-certified mail upon delegation of the power to notify the assignment of the claim. On February 21, 2013, the said notice of assignment of claim reaches the Defendant around that time.
C. After that, on March 26, 2015, 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 upon delegation of the authority to notify the assignment of claims, and the said notice of assignment of claims reached the Defendant around that time.
On the other hand, the instant loan remains in KRW 925,488 as of June 21, 2013, and the Defendant lost the benefit of time from August 21, 2013.
[Ground of recognition] Evidence Nos. 1 through 3, the purport of the whole pleadings
2. Accordingly, the plaintiff's claim is dismissed as it is without merit, and the plaintiff's claim is accepted for reasons. The judgment of the court of first instance on the plaintiff's claim is different from the judgment of the court of appeal.