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(영문) 서울중앙지방법원 2015.09.16 2015나5537
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The Defendant: (a) on August 15, 2013, to the Intervenor succeeding to the Plaintiff, KRW 3,808,233 and its related amount.

Reasons

1. Facts of recognition;

A. A. The Ep Savings Bank Co., Ltd. set the Defendant as the Defendant, the amount of KRW 9.5 million on December 28, 2012, and KRW 9 million on April 29, 2013, at the respective interest rate and the overdue interest rate of KRW 38.9%.

However, as of August 15, 2013, the defendant was unable to pay the principal amount of KRW 3,808,233 out of the loans made on December 28, 2012.

B. Around May 2013, the E-In Savings Bank notified the Plaintiff of the assignment of claims after transferring the above claim against the Defendant. On or around March 2015, the Plaintiff transferred the above claim to the Plaintiff’s succeeding Intervenor. The Plaintiff’s succeeding intervenor notified the Defendant of the assignment of claims upon delegation by the Plaintiff.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 9 and the purport of the whole pleadings.

2. According to the above facts of recognition, since the Plaintiff transferred the above claim against the Defendant to the Intervenor succeeding to the Plaintiff, the Plaintiff’s claim against the Defendant is without merit. The Defendant is obligated to pay damages for delay at the rate of 38.9% per annum, which is the agreed interest rate, from August 15, 2013 to the date of full payment, to the Intervenor succeeding to the Plaintiff who acquired the above claim.

3. Accordingly, the plaintiff's claim is dismissed, and the plaintiff's claim is justified, and the judgment of the court of first instance on the plaintiff's claim is just, and the plaintiff's appeal is dismissed as it is without merit, and it is ordered to order the plaintiff's successor to the defendant to pay the above amount of money according to the plaintiff's successor's participation in the court of first instance. It is so decided as per Disposition.

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