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(영문) 서울남부지방법원 2019.12.20 2019나50975
대여금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the intervenor succeeding to the plaintiff 95,728,070 won and 92,485.

Reasons

1. Facts of recognition;

A. On May 16, 2017, the Plaintiff loaned 110,000,000 won to the Defendant at an annual interest rate of 9.9%, 25%, and 48 months on the condition of repayment of principal and interest equal (hereinafter “instant loan”).

B. As of October 23, 2018, the Defendant lost the benefit of time due to the delay in the payment of the principal and interest of the instant loan, and as of October 23, 2018, the principal and interest of the instant loan obligations were KRW 95,728,070 (principal principal KRW 92,485,403, interest KRW 2,830,324, interest interest KRW 412,343).

C. Around June 21, 2019, the Plaintiff’s succeeding intervenor acquired the Plaintiff’s claim for the instant loan from the Plaintiff to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 7, and 8, the purport of the whole pleadings

2. According to the facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Intervenor succeeding to the Plaintiff the principal and interest of the instant loan amounting to KRW 95,728,070 and damages for delay calculated at the rate of 12.9% per annum for the Plaintiff from October 24, 2018 to October 24, 2018.

3. As such, the claim of the Plaintiff’s succeeding intervenor should be accepted in its reasoning. Since the Plaintiff’s succeeding intervenor participated in the lawsuit and the Plaintiff withdraws from the lawsuit, it is decided to modify the judgment of the first instance court as stated in the Disposition.

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