beta
Text
1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff the full amount of KRW 33,528,498 and KRW 33,024,394 from January 1, 2016.
Reasons
1. Determination as to the cause of the plaintiff's succeeding intervenor's claim? The following facts are either disputed between the parties, or acknowledged in full view of the purport of the arguments as to Gap's evidence Nos. 1 through 6 and Gap's evidence Nos. 8 through 10, and there is no counter-proof.
(1) On January 28, 2014, the Plaintiff (Withdrawal) entered into a contract with the Defendant to lend KRW 50 million to the Defendant under the terms of interest rate of KRW 11.9% per annum, and an overdue interest rate of KRW 25% per annum at the time of occurrence of the cause for loss of the benefit of time, and the said loan (hereinafter “instant loan”) was deposited into the Defendant’s account in the name of the Defendant.
(2) However, as of December 31, 2015, the interest of the instant loan was lost as of December 31, 2015 on the wind that delayed repayment of the principal and interest of the instant loan.
(3) As of December 31, 2015, the remaining principal of the instant loan as of December 31, 2015, is KRW 33,024,394, the unpaid interest rate is KRW 488,889, and damages for delay is KRW 15,215.
(4) On February 2, 2016, modern socials transferred the claim for the instant loan to the Intervenor succeeding to the Plaintiff, notified the Defendant of the transfer, and the notification thereof was delivered to the Defendant.
(5) On February 29, 2016, the Plaintiff’s succeeding intervenor participated in the instant succession on the ground of the assignment of the above claims, and Hyundai Mackers withdrawn from the instant lawsuit.
B. According to the above facts, barring special circumstances, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff 3,528,498 won (i.e., KRW 33,024,394, KRW 488,889, KRW 15,215), including the remaining principal of the loan of this case, unpaid interest, and late payment penalty (i.e., KRW 33,024, KRW 394, KRW 4888, KRW 1589), and the remaining principal 33,024,394, which is the day following the day of loss of the interest due, to the day of full payment.
I would like to say.
2. Judgment on the defendant's assertion
A. The Defendant delegated the right to enter into the instant loan contract to B.