beta
Text
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff succeeding intervenor KRW 29,201,028 as well as to this.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in the statements in Gap evidence Nos. 1, 4 through 8, 11, 12, Eul evidence No. 6, 8, and 11.
On February 23, 2012, the Defendant borrowed KRW 89,000,000 from Hyundai Social Co., Ltd., a loan period of 36 months, loan interest rate of 16.9%, and overdue interest rate of 28.9%.
(hereinafter “instant loan”). (b)
After that, the Defendant lost the benefit of time by delaying the repayment of the principal and interest of the loan, and as of August 20, 2012, the principal amount was KRW 30,210,748, and Hyundai Social Co., Ltd. on August 28, 2012, a notary public on the loan of this case received 1,009,720 won as dividends during the auction of corporeal movables with title No. 20145, Changwon Law Firm 2012, and appropriated it to the principal.
C. On October 4, 2012, Hyundai Social Co., Ltd. transferred the instant principal and interest of loan to Hyundai Capital Co., Ltd., and notified the Defendant of the assignment of the claim on October 8 of the same year, and Hyundai Capital Co., Ltd. again transferred the claim to the Plaintiff’s successor on June 21, 2013 when the instant lawsuit was pending, and notified the Defendant of the assignment of the claim on March 20, 2014.
2. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff the balance of the instant loan amounting to KRW 29,201,028 (=30,210,748 - 1,009,720) and damages for delay calculated at the rate of 28.9% per annum, which is the overdue interest rate, from September 21, 2012 to the date of full payment, sought by the Plaintiff, after the Defendant lost the benefit of time.
3. Judgment on the defendant's assertion
A. The defendant has lent the name to purchase used cars through B, such as a certificate of personal seal impression, certified copy of resident registration card, etc.