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(영문) 대전지방법원홍성지원 2017.12.19 2016가단2550
대여금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 25 million and the interest thereon from February 16, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On October 1, 2014, the Defendant prepared a certificate of borrowed money (hereinafter “certificate of first borrowed money”) with the contents (not stating who is a creditor) as of December 31, 2014, which read the loan amount of KRW 95 million and the date of repayment as of December 31, 2014, and issued it to the intervenors.

B. D applied for a payment order against the Defendant based on the first loan certificate (hereinafter “instant payment order”) with the Jinwon District Court 2015 tea76, Jinwon District Court Hadong District Court 2015. On April 17, 2015, the said court issued a payment order with the content that “The Defendant (the Defendant)” (hereinafter “instant payment order”) issued to the Plaintiff (D) at the rate of KRW 95 million per annum from January 1, 2015 to the delivery date of the original copy of the instant payment order, at the rate of 5% per annum from the next day to the date of full payment, and at the rate of 20% per annum from the next day to the date of full payment” (hereinafter “instant payment order”). The said payment order was finalized on May 7, 2015.

On the other hand, on October 6, 2016, D transferred a claim based on the above payment order to the intervenor, and notified the defendant on the same day.

C. On September 30, 2015, the Defendant prepared a certificate of loan with the Plaintiff as the Plaintiff (hereinafter “certificate of loan 2”) and issued it to the Plaintiff.

On November 4, 2016, the Plaintiff transferred a loan claim based on the second loan certificate to the Intervenor, and notified the Defendant on the same day.

An intervenor filed an application for intervention in succession with this court on January 18, 2017, but the plaintiff did not appear on the date for pleading without withdrawing from the lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 6, the purport of the whole pleadings

2. Determination

A. Since the Plaintiff’s claim as to the Plaintiff’s claim was transferred to the Intervenor based on the No. 2 loan certificate after the Plaintiff filed the instant lawsuit, the Plaintiff’s claim is without merit without examining it.

(b) one party with respect to the Intervenor’s claim.

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