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(영문) 서울동부지방법원 2017.05.26 2016나4138
대여금
Text

1.The judgment of the first instance shall be modified as follows:

2. The plaintiff succeeding intervenor's claim is dismissed.

3...

Reasons

1. The plaintiff asserted by the plaintiff succeeding intervenor lent KRW 9,00,000 to the defendant on January 24, 2001.

After the judgment of the court of first instance was rendered on February 26, 2012, the Plaintiff transferred the claim for the principal and interest of the above loan to the Plaintiff’s succeeding Intervenor, and notified the Defendant of the assignment of claims by public notice under the Suwon District Court 2013Kaga548.

The defendant is obligated to pay KRW 9,000,000 to the intervenor succeeding to the plaintiff and the delay damages therefor.

2. The evidence No. 7 of the board No. 1 cannot be used as evidence for the lack of evidence to acknowledge the authenticity, and the remaining evidence submitted by the intervenor succeeding to the plaintiff is insufficient to acknowledge the Plaintiff’s lease, and there is no other evidence to acknowledge it.

3. The plaintiff's claim by the plaintiff succeeding intervenor is dismissed as there is no reasonable ground.

Since there was a participation in succession after the judgment of the first instance, the defendant's appeal is accepted and it is so decided as per Disposition.

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