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(영문) 서울중앙지방법원 2015.11.20 2014나69930
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The Defendant: (a) on April 5, 2013, to the Intervenor succeeding to the Plaintiff, KRW 15,000,000; and (b) on such matters.

Reasons

1. Facts of recognition;

A. During the period from September 27, 2010 to February 16, 2011, Solomon Savings Bank Co., Ltd.: (a) determined and lent 15 million won at the interest rate of 28% per annum and 12% per annum per overdue interest rate agreement to the Defendant.

(hereinafter “instant loans”). (b)

Since then, the Defendant lost its interest due to its failure to pay the principal and interest of this case, and the loan of this case remains in KRW 15,000,000 as of April 5, 2013.

C. On January 31, 2013, Solomon Savings Bank notified the Plaintiff of the assignment of the above claim against the Defendant, and the Plaintiff transferred the above claim to the Intervenor succeeding to the Plaintiff on March 18, 2015, and the Plaintiff notified the Defendant of the assignment of claim upon delegation by the Plaintiff.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff transferred the above claim against the Defendant to the Intervenor succeeding to the Plaintiff, without merit, and the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff who acquired the above claim the amount of KRW 15,00,000, and the amount of KRW 28% per annum, which is the agreed interest rate from April 5, 2013 to June 5, 2013, and damages for delay at the rate of KRW 39% per annum, which is within the scope of delay interest rate from the next day to the date of full payment.

3. Accordingly, the plaintiff's claim is dismissed as it is without merit, and the plaintiff's claim is accepted as reasonable. The judgment of the court of first instance on the plaintiff's claim is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit, and it is ordered to order the plaintiff's successor to the plaintiff to pay the above money to the defendant according to the plaintiff's successor's participation in the trial. It is so decided as per Disposition.

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