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(영문) 서울중앙지방법원 2018.04.12 2017나58337
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The defendant is against the plaintiff succeeding intervenor 4,600.

Reasons

1. Facts of recognition;

A. On January 14, 2015, Industrial and Loan Co., Ltd. lent money to the Defendant with the content of 3,000,000,000 won loan, interest rate of loan, and overdue interest rate of 34.894% per annum, and 150,000 won per month in equal installments with principal and interest of 25,00 won.

B. On December 9, 2015, Industrial and Loan Co., Ltd. transferred the above loan claims against the Defendant to the Plaintiff, and on December 11, 2015, notified the Defendant of the assignment of the above claims and reached the Defendant around that time.

C. On September 11, 2017, the Plaintiff, while continuing the instant lawsuit, transferred the Plaintiff’s succeeding intervenor’s credit to the Defendant. On October 10, 2017, the Plaintiff notified the Defendant of the assignment of credit and reached the Defendant around that time.

From April 7, 2015, the Defendant delayed payment of principal and interest on December 2, 2016 (= principal and interest KRW 2,887,284, 1,713,163).

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 12, the result of the inquiry and reply to the Korean bank by the court of first instance, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. Where the Plaintiff transferred his claim to the Plaintiff’s succeeding intervenor and notified the Defendant of the assignment of claim, and the Plaintiff’s succeeding intervenor applied for a defect in his application for intervention in succession but failed to withdraw with the Defendant’s consent, the Plaintiff’s claim and the Plaintiff’s claim by the succeeding intervenor are all valid as a common co-litigation, and the court shall render a judgment as to both the Plaintiff’s claim and the Plaintiff’

B. (See, e.g., Supreme Court Decision 2002Da16729, Jul. 9, 2004).

Therefore, the Plaintiff’s claim against the Defendant during the instant lawsuit is transferred to the Intervenor succeeding to the Plaintiff, as seen earlier. Therefore, the Plaintiff’s claim is without merit without further review.

3. The judgment on the claim of the Plaintiff’s succeeding intervenor is based on the facts acknowledged.

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