logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.10.16 2013나20878
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of this court cited in the judgment of the court of first instance is as follows: "36% per annum" in the second part of the judgment of the court of first instance, "36% from May 25, 2007" in the second part of the second part of the judgment of the court of first instance; "8,250,000 won until March 25, 2010 (from May 25, 2009)" in the third part of the judgment of the court of first instance as "8,250,000 won until March 23, 2010 (from April 26, 2009 to April 26, 2009)"; and it is identical to the corresponding part of the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act, except for adding the following to the corresponding part:

【Additional part of the reasoning of the judgment below in light of the following circumstances inferred from the fact of recognition under paragraph (1) (i.e., the Defendant, as a registered credit service provider, appears to have used a printed loan transaction form at the time of concluding a loan transaction agreement with a customer; there was an agreement on overdue interest rate in the loan transaction agreement and the second loan agreement between the Plaintiff and the Defendant on April 5, 2010 entered into between the Plaintiff and the Defendant after the first loan agreement of this case; the Plaintiff’s overdue interest payment period under paragraphs (d) and (f) above; and the circumstance leading up to determining the original amount of the second loan loan agreement of this case, it is reasonable to deem that there was an agreement between the Plaintiff and the Defendant on overdue interest rate of 36% per annum at the time of the first loan agreement of this case.

2. If so, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow