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(영문) 대전지방법원 2020.09.10 2019나114049
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The defendant is against the plaintiff succeeding intervenor 63,682.

Reasons

1. Facts of recognition;

A. On October 17, 2007, Co-Defendant B of the first instance trial (hereinafter “B”) concluded a loan agreement with F Co-Defendant B (hereinafter “instant loan agreement”) on the terms of KRW 149,60,000 of the loan principal, KRW 64 months, interest rate of KRW 11.5%, and interest rate of delay damages rate of KRW 24% (hereinafter “instant loan agreement,” and its bonds or obligations are “the instant loan claim” or “the instant loan obligation”).

B. On September 20, 201, B and F changed the loan principal of the instant loan agreement to KRW 64,931,228, interest rate of KRW 13.5%, and the repayment period to KRW 48 months. At that time, Defendant, J, and D guaranteed the loan obligation of this case.

On the other hand, at the request of F and B, Defendant, J, and D on December 5, 2011, a notary public prepared a notarial deed as to the loan obligations and the joint and several liability obligations of this case under the 3162 deed of KRA as 3162 on December 5, 2011.

C. On March 25, 2015, F transferred the instant loan claim to H. On March 25, 2015, H transferred the instant loan claim to the Plaintiff again on March 27, 2015.

On April 9, 2015, F and H notified the Defendant of the assignment of each of the above assignment of claims, and the above notification was delivered to the Defendant at that time.

Meanwhile, the principal and interest of the instant loan obligations are KRW 63,682,497, including the remaining principal of the loan as of March 27, 2015, including KRW 45,44,536.

E. Around October 2018, the Plaintiff filed the instant lawsuit against the Defendant and B seeking the payment of the instant loan claims, as stated in the above purport of the claim. On July 9, 2019, the first instance court rendered a judgment accepting the Plaintiff’s claim.

(F) On September 23, 2019, after the judgment of the court of first instance was rendered, the Plaintiff transferred the instant loan claim to the Intervenor succeeding to the Plaintiff. On September 26, 2019, the Plaintiff notified the Defendant of the assignment of the said claim, and the said notification was delivered to the Defendant around that time.

[Reasons for Recognition] There is no dispute;

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