logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.12 2020나2457
대여금
Text

The defendant's appeal is dismissed.

2. The application filed by this court for intervention in the plaintiff co-litigation intervenor.

Reasons

1. Facts of recognition;

A. On November 30, 2012, the Defendant concluded a credit card transaction agreement with the Plaintiff and used it with the credit card issued by the Plaintiff. On February 28, 2018, the Defendant borrowed KRW 6,000,000 as the credit card loan.

(22.7% per annum, 16.9% per annum). (b)

On July 26, 2019, the Defendant did not pay credit card bills and credit card loans, and on July 26, 2019, the overdue interest amounting to KRW 5,49,950 ( KRW 2,199,980, KRW 3,299,970), overdue interest amounting to KRW 206,463, and ② the card principal amounting to KRW 4,66,68, agreed and overdue interest amounting to KRW 464,792 ( KRW 105,345, KRW 359,47).

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 2, and 3, purport of the whole pleadings]

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the ratio of 16.9% per annum, which is the agreed interest rate from July 27, 2019 to the date of full payment of the principal of the credit card and credit card loans (206,463 won 206,663 won 4,666,68 won) and the interest rate of 5,49,950 won, which is the agreed interest rate of 22.7% per annum, from July 27, 2019 to the date of full payment of the principal, 4,666,68 won from September 27, 2019 to the date of full payment.

3. The intervention in a co-litigation as to the legitimacy of a motion for intervention in a co-litigation shall be permitted in cases where the purpose of the lawsuit is to be jointly determined by one of the parties and intervenors (Article 83(1) of the Civil Procedure Act). However, even if the intervenor’s assertion itself is based on the intervenor’s assertion, it is difficult to see that the purpose of the lawsuit is to be jointly determined by the Plaintiff and the intervenors, and thus, the Intervenor’s application

4. The plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and the application for intervention of the plaintiff's co-litigation is dismissed.

arrow