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(영문) 서울중앙지방법원 2018.11.14 2017가단100701
청구이의의 소
Text

1. The case against the plaintiff by the defendant succeeding intervenor was dated April 28, 2006 at this court against the plaintiff by the defendant succeeding intervenor.

Reasons

1. Basic facts

A. On November 9, 1998, Hyundai Capital Co., Ltd. (the trade name before the alteration: Hyundai Capital Co., Ltd.; the trade name before and after the alteration; hereinafter “Nuri Capital”) loaned KRW 12,300,000 to the Plaintiff with the loan interest rate of KRW 16% per annum, and the loan period of 60 months as the loan period and the basic terms and conditions of credit transaction.

(hereinafter “instant loan”). At the time of the instant loan, the Plaintiff agreed to repay the principal and interest in equal installments each month, but at the time of loss of the benefit under Article 9 of the Framework Agreement on Credit Transactions, from that time, to time pay damages for delay as to the balance of the loan.

B. The Plaintiff’s debt amount following the instant loan was KRW 14,318,330 (= Principal KRW 11,310,424) as of March 31, 2005 (i.e., KRW 3,007,906).

On May 13, 2005, Hyundai Capital transferred the instant loan claim to the Defendant, and notified the Plaintiff of the transfer on June 16, 2005.

On April 24, 2006, the Defendant filed a lawsuit against the Plaintiff claiming for the payment of the amount of KRW 14,318,30 and KRW 11,310,424 from April 1, 2005 to the date of full payment, which is the amount of KRW 17% per annum from this Court’s 2006Gau1421034.

In this lawsuit, this Court made a decision of performance recommendation on April 28, 2006, and that decision was served on July 2, 2006 on the plaintiff and confirmed as it was on July 19, 2006.

(hereinafter referred to as “instant decision on performance recommendation”). (c)

The defendant succeeding intervenor (hereinafter referred to as "the intervenor")

(1) On January 26, 2018, when the instant lawsuit was pending, the Defendant transferred the instant loan claims from the Defendant, and upon delegation from the Defendant on May 3, 2018, the Intervenor notified the Plaintiff of the transfer. The Intervenor succeeded to the instant lawsuit on July 30, 2018. [The respective descriptions of evidence A, Nos. 1, 2, and 3, based on recognition, and the purport of the entire pleadings.] The Intervenor succeeded to the instant lawsuit.

2. Determination on the cause of the claim

A. The Plaintiff’s claim for the instant loan is asserted.

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