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Reasons
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(영문) 수원지방법원여주지원 2017.08.10 2017가단51308
대여금
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1. The plaintiff's claims against the defendants are all dismissed.

2. The Defendants are jointly and severally liable to the Plaintiff’s Intervenor.

Reasons

1. Facts of recognition;

A. On October 12, 2015, the Plaintiff extended a loan of KRW 80 million to Defendant A at 11.9% per annum, 48 months of the loan period, and 25% per annum, and Defendant B guaranteed the Plaintiff’s obligation to pay the principal and interest to the Plaintiff.

B. Defendant A lost a fixed-term interest by delaying the repayment of the said principal and interest of loans at least twice, and Defendant A did not pay 65,024,624 won, which is the sum of the principal and interest of KRW 63,401,404, interest of KRW 1,538,344, and delay damages of KRW 84,876, which were incurred as of January 20, 2017.

C. On March 3, 2017, the Plaintiff transferred the above principal and interest claim against the Defendants to the Intervenor succeeding to the Plaintiff, and the notification of the transfer of the above claim was served to the Defendants around March 7, 2017.

[Evidence Evidence: Descriptions of Evidence Nos. 1 through 6 (including paper numbers) and the purport of the whole pleadings]

2. Determination

A. According to the above facts, the Defendants are jointly and severally liable to pay damages for delay at the rate of 25% per annum from January 21, 2017 to the date of full payment, which is the day following the date of final calculation of damages for delay, to the Intervenor succeeding to the Plaintiff, the assignee of the claims, as the principal and interest of KRW 65,024,624, and double principal and interest of KRW 63,401,404.

B. Since the Plaintiff transferred the above principal and interest claim against the Defendants to the Intervenor succeeding to the Plaintiff, the Plaintiff’s assertion seeking payment of the above principal and interest cannot be recognized.

3. Accordingly, the plaintiff's claim against the defendants cannot be accepted in entirety. Thus, since the plaintiff's claim against the defendants can be accepted, the plaintiff's successor's claim against the defendants can be accepted, it is decided as per Disposition.

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