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(영문) 서울중앙지방법원 2018.11.28 2017나55444
양수금
Text

1. The judgment of the court of first instance is modified as follows.

All the plaintiff's succeeding intervenor's primary and conjunctive claims.

Reasons

1. Summary of the plaintiff's successor's assertion

A. On February 10, 2012, AD Mutual Savings Bank entered into a loan agreement with the Defendant with the amount of KRW 10 million, the loan period of KRW 36 months, interest rate and overdue interest rate of KRW 38.9%, respectively (hereinafter “instant first loan agreement”), and extended a loan with the Defendant KRW 10 million on the same day.

B. On February 10, 2012, Liman Mutual Savings Bank entered into a loan agreement with the Defendant with a loan amount of KRW 4 million, KRW 36 months, and interest rate of KRW 38.9% (hereinafter “instant second loan agreement”), and extended a loan amount of KRW 4 million to the Defendant on the same day.

C. On February 10, 2012, the KA loan limited liability company entered into a loan agreement with the Defendant on the loan amount of KRW 5 million, and February 9, 2017, which stipulates the interest rate and overdue interest rate of KRW 39%, respectively (hereinafter “instant third loan agreement”), and loans KRW 5 million to the Defendant on the same day.

On June 21, 2013, the Plaintiff: (a) ADK Mutual Savings Bank notified the Defendant of the transfer of the instant Claim No. 1; (b) ADD Mutual Savings Bank’s Claim No. 2; and (c) ADD Loan Finance Limited Company’s Claim No. 3; and (d) the Plaintiff notified the Defendant of the transfer of the instant Claim No. 1, 2, and 3, around June 23, 2014, as a mandatory delegated with the authority to notify the assignment of the claim.

E. As of January 2, 2017, the Defendant lost the benefit of time due to the delay in the obligation to repay the principal and interest under the instant loan Nos. 1, 2, and 3, and as of January 2, 2017, the Defendant’s debt of KRW 34,92,730 remains.

(i) The Plaintiff’s principal amounting to KRW 18,54,754, total interest and overdue interest amounting to KRW 16,447,976). The Plaintiff’s Plaintiff’s succeeding Intervenor on January 26, 2018.

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