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(영문) 인천지방법원 2015.08.18 2015가단20697
대여금등
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 72,812,012 and KRW 34,829,763 among them. The Defendant shall pay full payment from February 26, 2015.

Reasons

1. Determination as to the claim of the Plaintiff’s succeeding intervenor

A. On April 9, 2010, the Plaintiff lent KRW 50,000 to the Defendant at an annual interest rate of 12%, annual interest rate of 24%, annual interest rate of 24%, and due date of repayment on April 9, 2011. The Plaintiff extended the due date of repayment thereafter on April 9, 2012. (2) On October 24, 2011, the Plaintiff lent KRW 50,000 to the Defendant at an annual interest rate of 9%, annual interest rate of 24%, annual interest rate of 24%, and due date of repayment on October 24, 2012. The final due date of repayment thereafter is October 24, 2012.

3) Meanwhile, on February 25, 2015, the Defendant’s debt owed by the Plaintiff against the Plaintiff remains KRW 72,812,012 as of February 25, 2015 due to the Defendant’s failure to repay the debt despite the due date for each of the above loans (i.e., the principal amount of KRW 34,829,763 KRW 37,982,249). (ii) Around May 27, 2015, the Plaintiff transferred each of the above loans to the Intervenor succeeding to the Plaintiff and notified the Defendant of the transfer of the said credit at that time.

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;

2. Prior to determining the Plaintiff’s claim, the Plaintiff transferred each of the above loans to the Defendant to the Intervenor succeeding to the Plaintiff during the proceeding of the instant lawsuit, and the Plaintiff’s claim is without merit.

(Plaintiffs filed an application for withdrawal from a lawsuit on June 25, 2015, but their withdrawal has no effect without the Defendant’s consent).

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