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(영문) 서울중앙지방법원 2015.01.20 2014나3152
양수금
Text

1. The plaintiff's appeal is dismissed.

2. Based on the succession participation at the trial court, the defendant shall be the intervenor succeeding the plaintiff 2.

Reasons

1. Facts of recognition;

A. On October 13, 2010, Hanish Loan Co., Ltd. entered into a monetary loan agreement with the Defendant as “3 million won, interest rate on loan and interest rate on delay rate, 39% per annum, October 13, 2015, and repayment of principal and interest at repayment rate,” and loaned KRW 3 million to the Defendant. Under the circumstance that the Defendant left the balance of the principal and interest of the loan at KRW 2,506,069, the Defendant began to delay in the repayment of the principal and interest from August 18, 201.

(B) The principal and interest loan claim against the Defendant (hereinafter “claim of this case”).

On March 30, 2012, the Changishing Loan Co., Ltd. transferred the instant loan claims to the Plaintiff, and sent a notice of assignment of claims to the Defendant by content-certified mail on April 6, 2012. On February 22, 2014, the Plaintiff transferred the instant loan claims to the Intervenor succeeding to the Plaintiff and sent the notice of assignment by content-certified mail to the Defendant on April 1, 2014.

[Grounds for recognition] The items of evidence Nos. 1 through 10 and the purport of the whole pleadings

2. Determination

A. As seen earlier, the Plaintiff’s claim in this case is without merit, since the Plaintiff’s judgment on the Plaintiff’s claim was based on the transfer of the claim for the loan in this case to the Intervenor succeeding to the Plaintiff.

B. According to the facts established as to the claim of the Plaintiff’s succeeding intervenor, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff the claim for the instant loan at the rate of 39% per annum from August 18, 2011 to the date of full payment, calculated by calculating the balance of the principal of the instant loan and the amount of delay damages at the rate of 2,506,069 won.

3. Accordingly, the plaintiff's claim is dismissed as it is without merit, and the plaintiff's claim is justified as it is reasonable, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and the defendant is requested to intervene in the plaintiff's succession as brought in the court of first instance.

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