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(영문) 서울중앙지방법원 2015.06.09 2015나3418
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim against the defendant is dismissed.

3. The defendant.

Reasons

Comprehensively taking account of the purport of the argument in Gap evidence Nos. 1 through 8, the Solomon Savings Bank transferred 17,90,000 won to the defendant on October 17, 201 at the rate of 60 months of maturity and overdue interest rate of 36% per annum. The future Savings Bank set the maturity of 4,00,000 won to the defendant on November 9, 201 and lent the overdue interest rate of 37.54% per annum to the defendant on November 9, 2014; the defendant lost the benefit of time by delay in the repayment of the above loan; the defendant transferred the loan claim of Solomon Savings Bank to the defendant on April 26, 201; the loan claim of the future Savings Bank on May 26, 2013 to the defendant on May 14, 2013; the plaintiff transferred the loan claim of 3,81,923 won to the defendant on May 26, 2013; the transfer of the loan claim to the defendant on May 2131, 2013.

Therefore, the Defendant is obligated to pay to the Intervenor’s Intervenor damages for delay calculated at the rate of 36% per annum from April 27, 2013 to the date of full payment with respect to KRW 14,515,598 as to KRW 36% per annum, 3,81,923 from May 27, 2013 to the date of full payment.

Therefore, the plaintiff's claim by the plaintiff succeeding intervenor shall be accepted for the reasons, and the plaintiff's claim shall be dismissed for the reasons.

The judgment of the first instance court is unfair in conclusion, and it is so revoked and the plaintiff's claim is dismissed, and the defendant is ordered to pay the above amount.

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