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(영문) 인천지방법원 2020.11.26 2020가단204925
대여금
Text

The plaintiff's claim is dismissed.

The defendant shall pay to the plaintiff succeeding intervenor KRW 51,572,266 and KRW 50,345,58 among them.

Reasons

Comprehensively taking account of the purport of the entire pleadings as to Gap evidence Nos. 1, 2, and 3, the defendant entered into a loan agreement with the plaintiff on December 6, 2017 to grant a loan of KRW 80,00,000 from the plaintiff at an interest rate of KRW 13.9%, overdue interest rate of KRW 25.9%, and period of 48 months (hereinafter "the loan agreement of this case"). As of November 22, 2019, the principal and interest on the debt under the loan agreement of this case amounting to KRW 51,572,266 (i.e., interest rate of KRW 50,345,595 (i.e., interest rate of KRW 50,345,595), and the plaintiff entered into an asset transfer agreement with the plaintiff succeeding intervenor on September 27, 2019 and delegated the plaintiff's succession to the claim of this case to the defendant.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff's successor intervenor the above 51,572,266 won and the principal of 50,345,58 won and damages for delay calculated at the rate of 25.9% per annum from November 23, 2019 to the date of full payment.

As to this, the defendant argued to the effect that he cannot respond to the claim of this case since he entered into a mobile loan agreement with a state of no normal judgment ability due to yellow dust, but there is no evidence to acknowledge it.

Therefore, the plaintiff's claim of this case by the succeeding intervenor is justified, and the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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