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(영문) 서울중앙지방법원 2015.07.21 2014나69954
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's claim is dismissed.

B. The defendant

Reasons

In full view of the purport of the arguments in Gap evidence Nos. 1 through 9, the Solomon Savings Bank (hereinafter the " Solomon Savings Bank") set loans to the defendant as ① 60,000 won per 35% per annum, interest rate per 39% per annum, and overdue interest rate per annum, ② loans of KRW 1.5 million per 36,500 per annum, interest rate per annum, and overdue interest rate per 39% per annum, and the defendant lost interest due to delinquency in repayment of principal and interest. ① loans of the above paragraph (1) extended to the defendant as of February 5, 2012; ② loans of KRW 6,25,93 won per annum; ② loans of KRW 1,246,097 remain unpaid as of February 9, 2013; the Solomon Savings Bank transferred the above loans to the defendant on February 31, 2013; and the plaintiff notified the defendant of all of the above loans transferred to the defendant on May 21, 2013.

Therefore, the Plaintiff’s claim is dismissed as without merit. The Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff KRW 7,502,030 ( KRW 6,255,93 KRW 1,246,097) and KRW 6,255,93 per annum from February 5, 2013 to April 5, 2013; KRW 39% per annum from April 6, 2013 to the date of full payment; KRW 35% per annum from February 9, 2013 to April 5, 2013; and KRW 39% per annum from April 6, 2013 to the date of full payment.

The judgment of the first instance court is unfair in conclusion, and it is so modified as above.

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