logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.20 2014나69985
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The Defendant: (a) to the Intervenor succeeding to the Plaintiff, KRW 3,401,341, and its corresponding amount on April 5, 2013.

Reasons

1. On August 19, 201, Solomon Savings Bank Co., Ltd.: (a) lent 6 million won to the Defendant on a fixed period of 36 months, annual interest rate of 34.0%, annual interest rate of 39%, annual interest rate of 39%, and annual interest rate of 5th day of each month; and (b) lent it by equal installment repayment of principal

On May 6, 2012, the said Savings Bank decided to be an insolvent financial institution pursuant to the Financial Services Commission’s “determination, management improvement order, etc. of insolvent financial institutions” by the Financial Services Commission, and transferred the said claim to the Plaintiff on January 31, 2013, and upon delegation by the said company, the Plaintiff notified the Defendant of the transfer of the said claim by content-certified mail on February 21, 2013.

On March 18, 2015, while the trial was in progress, the Plaintiff transferred the above claim against the Defendant to the Intervenor succeeding to the Plaintiff (hereinafter “Ethys Loan Co., Ltd. at the time”). On April 20, 2015, the Plaintiff’s succeeding intervenor received delegation from the Plaintiff and notified the Defendant of the transfer of the above claim by mail verifying the content of the claim.

As of April 5, 2013, when the plaintiff paid the last installment, the above claim remains in KRW 3,401,341.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, and 4, and the purport of the whole pleadings

2. Determination

A. The fact that the plaintiff transferred the above claim against the defendant to the plaintiff's successor as to the plaintiff's claim is consistent with the above facts. Thus, the plaintiff's claim of this case is without merit.

B. According to the above facts finding as to the claim of the Plaintiff’s succeeding intervenor, the Defendant is obligated to pay to the Plaintiff’s succeeding intervenor the amount of KRW 3,401,341, and the interest calculated at the rate of KRW 34% per annum, which is the agreed interest rate, from April 5, 2013, which is the final repayment date, to June 5, 2013, and delay damages at the rate of KRW 39% per annum, which is the agreed delay damages 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, and the plaintiff's claim is accepted.

arrow