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(영문) 부산지방법원 2021.03.18 2019나63263
양수금
Text

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

The defendant's successor 24,037,152 Won and 19,600 among the plaintiff's successor intervenors.

Reasons

1. Basic facts

A. On September 7, 2017, D Co., Ltd. entered into an erroneous debate agreement with the Defendant to pay KRW 19,60,000 annually interest rate of KRW 19.9%, interest rate of KRW 26.9% (number of days in arrears 30 days in arrears) and KRW 27.9% (number of days in arrears 30 days in arrears) and to pay KRW 60 months (amount to KRW 59,236 in first installment payment: KRW 59,236 in first installment payment; KRW 518,200 in each installment payment) (hereinafter “the instant loan agreement”). At that time, D Co., Ltd transferred KRW 19,60,000 to the account designated by the Defendant.

B. On the same day, D Co., Ltd. transferred the claim for the principle of loan under the loan agreement of this case to the Plaintiff, and the Defendant consented to the transfer of the above claim.

(c)

Since then, the Defendant did not pay the Plaintiff the payment under the instant loan agreement, and eventually lost the benefit of time pursuant to Article 8 of the basic terms and conditions of credit transaction.

(d)

As of November 28, 2018, the loan funds under the loan contract of this case are KRW 19,60,000, and the interest on attempted interest is KRW 3,692,889, and the interest on overdue interest is KRW 744,263 when applying the overdue interest rate of KRW 22.9%.

E. On November 201, 2019, after the judgment of the first instance was rendered, the Plaintiff transferred a claim for the loan principle under the instant loan agreement to the Plaintiff’s successor. The Plaintiff’s successor notified the Defendant of the transfer of the claim on December 18, 2019 upon delegation of the Plaintiff’s authority to notify the Plaintiff, and the said notification reached the Defendant around that time.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 5, 7, 11 through 13, Eul evidence No. 4, and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant, the Plaintiff, and the Plaintiff’s Intervenor, the final transferee of the claim for the loan principal under the instant loan contract, shall be the sum of the principal of the loan and interest accrued from September 7, 2017 to November 28, 2018, and delayed damages incurred from September 24, 2037,152 (= KRW 4,437,152 in total (= KRW 4,692,89, KRW 74,263 in total) and delayed damages (= KRW 19,60,000 in principal of the loan).

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