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(영문) 서울중앙지방법원 2015.11.24 2014나70046
대여금
Text

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

The defendant shall pay 3,000,000 won to the intervenor succeeding to the plaintiff and this.

Reasons

1. Facts of recognition;

A. Solomon Savings Bank Co., Ltd. (hereinafter “ Solomon Savings”) loaned to the Defendant an interest rate of 42% per annum, overdue interest rate of 12% (the agreed interest rate shall not exceed 49%)”, 12 months during the lending period, and extended a total of KRW 3,000,000 per annum on November 2, 2009 and KRW 3,000,000,000 per annum on November 2, 2009.

(hereinafter “the instant loan”). (b) The instant loan.

On January 31, 2013, Solomon Savings transferred the instant loans to the Plaintiff, and notified the Defendant of the assignment of the said loans on February 21, 2013.

On March 18, 2015, the Plaintiff transferred the instant loan claims to the Intervenor succeeding to the Plaintiff (mutual name before the change: Telecommunications money Co., Ltd.; hereinafter “ Intervenor”).

On March 26, 2015, an intervenor was delegated with the power to notify the assignment of claims by the Plaintiff and notified the Defendant of the assignment of claims.

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

2. According to the facts of the Intervenor’s determination as to the Intervenor’s claim, the Defendant is obligated to pay to the Intervenor the principal amount of KRW 3,000,000 of the instant loan claim and damages for delay calculated at the overdue interest rate of 39% per annum from February 5, 2013 to the date of full payment, as sought by the Intervenor.

3. As seen earlier before determining the Plaintiff’s claim, the Plaintiff had already transferred the instant loan claim, but did not withdraw from the instant lawsuit.

The plaintiff's claim cannot be accepted.

4. The decision of the court of first instance shall be accepted for the plaintiff's claim on the grounds of merit, and the plaintiff's claim shall be dismissed for the ground of appeal, and upon the plaintiff's request by the intervenor succeeded in the trial, the defendant shall be ordered to pay the above recognized amount, and the decision of the court of first instance

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