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Reasons
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(영문) 대구지방법원 2015.01.21 2013나303502
양수금
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1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the intervenor succeeding to the plaintiff 18,424,450 won and 17,536.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 4 through 8, 12, and 13, and Eul evidence No. 5:

On February 23, 2012, the Defendant loaned KRW 89,000,000 to Hyundai Social Co., Ltd., a loan period of 36 months from Hyundai Social Co., Ltd., 16.9% of loan interest, and an overdue interest rate of 28.9%.

(hereinafter “instant loan”). (b)

After that, the Defendant lost the benefit of time by delaying the repayment of the principal and interest of this case, which was not paid as of September 20, 2012, including the principal amount of KRW 17,536,435, unpaid interest, KRW 833,596, and KRW 54,419, and KRW 18,424,450.

C. On October 4, 2012, Hyundai Social Co., Ltd. transferred the instant principal and interest of loan to Hyundai Capital Co., Ltd., and notified the Defendant of the assignment of the claim on October 8 of the same year, and Hyundai Capital Co., Ltd. again transferred the claim to the Plaintiff’s successor on June 21, 2013 when the instant lawsuit was pending, and notified the Defendant of the assignment of the claim on March 20, 2014.

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff the sum of KRW 18,424,450, and the principal amount of KRW 17,536,435, including the principal and interest of this case, and delay damages calculated at the rate of 28.9% per annum, which is the overdue interest rate, from September 21, 2012 to the date of full payment, sought by the Plaintiff.

3. Judgment on the defendant's assertion

A. First of all, the Defendant did not pay the loan to the vehicle seller in accordance with the loan agreement of this case, but did not pay the vehicle to the vehicle seller, and thus, the loan is extended to the Defendant.

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