(영문) 서울중앙지방법원 2016.11.16 2016나23365

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(영문) 서울중앙지방법원 2016.11.16 2016나23365

대여금

Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's claim is dismissed.

B. The defendant

Reasons

1. Basic facts

A. On March 13, 200, the Dongdong Credit Bank Co., Ltd. loaned 24% interest rate of 1,000,000 to the Defendant on March 13, 200 (in each month and being incorporated into principal) and on March 12, 2001 when the credit period expires. The above loan principal as of March 26, 2001 is KRW 1,109,256.

(hereinafter “instant loans”). (b)

On July 3, 2006, after the judgment of the court of first instance, the Plaintiff transferred the instant loan claims to the Intervenor succeeding to the Plaintiff on July 3, 2006, and sent the notice of assignment of claims to the Intervenor succeeding to the Plaintiff by content-certified mail at the Defendant’s domicile, and thereafter, the notification of assignment of claims at that time was delivered to the Defendant.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 2, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. The Plaintiff’s determination as to the Plaintiff’s claim sought payment of the instant loan claim as stated in the purport of the claim.

However, the fact that the Plaintiff transferred the claim for the instant loan to the Intervenor succeeding to the Plaintiff is as seen earlier, and there is no evidence to prove otherwise that the Plaintiff had the right to seek payment against the Defendant.

Therefore, the plaintiff's assertion is without merit.

3. Determination as to the claim of the Plaintiff’s succeeding intervenor

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff the amount of KRW 1,109,256 of the instant loan and the damages for delay calculated at the rate of 24% per annum under the agreement from March 27, 2001 to December 27, 2005, which is clear from the date following the above calculation base date, to the date on which the duplicate of the instant complaint is served to the Defendant, and the damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

In excess of 24% of the above agreement, the rate of 29% per annum.

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