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(영문) 서울중앙지방법원 2015.11.20 2014나70039
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The Defendant: (a) KRW 8,639,141 on September 9, 2013 to the Intervenor succeeding to the Plaintiff and its related amount.

Reasons

1. Facts of recognition;

A. On February 29, 2012, Solomon Savings Bank Co., Ltd.: (a) lent to the Defendant the amount of KRW 10 million at an interest rate of 38% and at an overdue interest rate of 39%;

(hereinafter “instant loans”). (b)

The Defendant lost a benefit by failing to pay the principal and interest of this case, and the loan of this case remains in KRW 8,639,141 as of September 9, 2013.

C. On May 10, 2013, Solomon Savings Bank notified the Plaintiff of the assignment of the above claim against the Defendant, and the Plaintiff transferred the above claim to the Intervenor succeeding to the Plaintiff on March 18, 2015, and the Plaintiff notified the Defendant of the assignment of claim upon delegation by the Plaintiff.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the facts of the above recognition, the Plaintiff transferred the above claim against the Defendant to the Intervenor succeeding to the Plaintiff, without merit, and the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff who acquired the above claim the amount of KRW 8,639,141, and to pay damages for delay at the rate of KRW 39% per annum, which is the delay interest rate, from September 9, 2013 to the day of full payment, as sought by the Intervenor succeeding to the Plaintiff.

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 so decided as per Disposition by ordering the plaintiff's successor to the defendant to pay the above money to the plaintiff according to the plaintiff's successor's participation in the court of first instance.

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