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(영문) 수원지방법원 2017.10.26 2016나10749
대여금
Text

1. Of the judgment of the court of first instance, the part of the judgment against the Defendant (Appointed Party) and the Appointed C, the deceased’s taking over lawsuit against the Defendant (Appointed Party) shall be revoked.

Reasons

1. The scope of the judgment of this court is that the Plaintiff filed the instant lawsuit against the deceased A (hereinafter “the deceased”) seeking payment of “the amount calculated at the rate of 13,247,736 won and 38.7% per annum from July 22, 2011 to the date of full payment,” and sentenced the first instance judgment accepting the Plaintiff’s claim on December 22, 201 after the duplicate of the complaint and other documents of this case were served by service by public notice, and the judgment was also served on the deceased on October 2, 2013. The deceased died on October 2, 2013. After the deceased’s heir inherited the deceased’s debt, the Defendant, Appointor C, and D, who is the inheritor of the deceased, and the Appointed C filed the instant appeal of this case on June 7, 2016.

According to the above facts, since the plaintiff's claim against the deceased against the inheritor D did not appeal for completion, the judgment of this court is already final and conclusive, and the scope of the judgment of this court is limited to the part against the defendant and the selected C among the inheritors.

2. Basic facts

A. On January 4, 2011, the Plaintiff loaned to the Deceased a total of KRW 21,80,617,000 plus interest rate of KRW 26.7% per annum as the principal and interest rate of KRW 15,00,000,000, and entered into a personal credit agreement with the Plaintiff to repay KRW 38.7% per annum from January 20, 201 with the due date, KRW 36 times per month from January 20, 201, KRW 451,777, and KRW 609,966, KRW 36,996 each time until 35 times.

B. From January 7, 2011, the Deceased did not pay the loan repayment from January 7, 201, and on July 21, 2011, the Deceased remains a debt of KRW 13,247,736 of the balance of the principal and interest of bonds as of July 21,

(hereinafter referred to as “the instant loan claim”). C.

On or after December 22, 201, which was the date the judgment of the first instance was rendered, the Plaintiff transferred the instant loan claim to Frans Loan Co., Ltd., and on July 26, 2016, Frans Loan Co., Ltd. transferred the said claim to the Intervenor who acquired the Plaintiff. The said transfer on or around August 31, 2016.

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