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(영문) 서울중앙지방법원 2018.07.05 2017나87052
양수금
Text

1. The part against the defendant in the judgment of the first instance shall be modified as follows:

The defendant is against the plaintiff succeeding intervenor 53,639.

Reasons

1. Facts of recognition;

A. The defendant shall set the maturity of 10,000,000 on March 14, 1997 to 22% per annum on March 14, 1999; the interest rate of 14% per annum; and the overdue interest rate of 22% per annum; on August 5, 1997, the maturity of 10,000,000 won on August 5, 1999; the interest rate of 14% per annum; and the overdue interest rate of 22% per annum, respectively.

(hereinafter referred to as “instant loan” in combination with each of the above loans. B

On June 28, 2013, the Plaintiff: (a) received the instant loan claim from the Dong-gun Saemaul Savings Depository; (b) notified the Defendant of the assignment of the instant loan claim on June 23, 2014 upon delegation of the authority to notify the assignment of the said loan claim; (c) on January 26, 2018, the Plaintiff transferred the instant loan claim again to the Intervenor succeeding to the Plaintiff on June 26, 2018, and notified the Defendant of the said assignment of the said loan claim on June 8, 2

C. Meanwhile, the instant loan claim remains in total of KRW 10,453,929 as of January 6, 2017, and KRW 53,639,278, including overdue interests and delay damages as of 43,185,349, and the overdue interest rate applied by the Plaintiff pursuant to the Credit Management Act is 15% per annum since January 1, 2017.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 2, and 3, Gap evidence 4-1, and 2 [Defendant] of the above monetary loan agreement for consumption of money (hereinafter referred to as the "agreement for cash loan of this case").

(2) While dispute over the establishment of the authenticity of the document, there is no dispute between the parties that the stamp image as stated in the above agreement is based on the Defendant’s seal imprint, and the authenticity of the document is recognized as a whole, and the purport of the whole pleadings and arguments as stated in No. 8

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff, who received the instant loan claim in succession, 15% per annum from January 7, 2017 to the date of full payment, as to the principal amount of KRW 53,639,278 and the principal amount of KRW 10,453,929, which is the following day of the base date, to the Intervenor succeeding to the Plaintiff, who received the instant loan claim in succession,

B. On the Defendant’s assertion, the Defendant is named the agreement for a loan for consumption of money.

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