(영문) 창원지방법원 2020.05.07 2019나887 | 리걸엔진

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(영문) 창원지방법원 2020.05.07 2019나887

대여금

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1. The part against the defendant in the judgment of the first instance, including the claim of the plaintiff succeeding intervenor who participated in the court.

Reasons

1. According to the records of this case, the court of first instance rendered a service by means of service not served on the defendant by public notice, and rendered a judgment citing the plaintiff's claim against the defendant, and the above judgment is recognized as served by means of service by public notice and confirmed on February 15, 2008.

Therefore, the appeal of this case filed by the defendant on January 30, 2019 is lawful, since it can be recognized that the defendant could not observe the period of appeal due to a cause not attributable to the defendant.

2. Facts of recognition;

A. On May 20, 2002, the Defendant borrowed 8,000,000 won as a general loan at interest rate of 56.3% per annum from the LA (hereinafter “A”) and agreed to pay damages for delay calculated at the rate of 36% per annum from May 21, 2002 to October 17, 2002.

(hereinafter “instant loan”). On the other hand, Co-Defendant D and E of the first instance trial jointly and severally guaranteed the instant loan obligation.

B. Around March 4, 2003, the Defendant repaid the principal and interest of the loan as of August 22, 2002, and thereafter delayed payment of the principal and interest. As of July 12, 2007, the sum of the remaining principal, interest, and delay damages on the loan as of July 12, 2007 is KRW 8,986,07 (the interest on the remaining principal and interest KRW 3,149,181, the interest on KRW 137,810, the late payment damages of KRW 5,69,016).

C. On December 20, 2013, the Plaintiff transferred the instant loan claims to the Intervenor succeeding to the Plaintiff, and notified the Defendant of the assignment of claims by content-certified mail on November 16, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

3. Determination

A. As to the Plaintiff’s claim, the Plaintiff demanded payment of the loan claim as set forth in the above 2. Paragraph, the Plaintiff transferred the instant loan claim to the Intervenor succeeding to the Plaintiff on December 20, 2013, and the Plaintiff’s claim is without merit.

(b).

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