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(영문) 수원지방법원 2018.04.05 2016나19166
대여금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's transferee's claim against the defendant.

Reasons

1. Basic facts

A. On August 13, 1997, the Plaintiff (Withdrawal) entered into a loan transaction agreement (hereinafter “the instant loan agreement”) with the Defendant setting the lending limit of KRW 20,00,000,00 per annum, interest rate of KRW 14% per annum, interest rate of delay delay rate of KRW 23% per annum, and interest rate of August 13, 200 on the expiration date of the lending period.

B. The Defendant, on August 13, 200, lost the interest and interest due date due, and on May 17, 2006, the principal and interest of the loan as of May 17, 2006 (hereinafter “the instant loan claim”) are KRW 49,061,574 in total, including the principal and interest amount of KRW 20,00,000,000 in interest and interest interest, and KRW 29,061,574 in interest.

C. Around December 14, 2005, the Defendant joined the Plaintiff Union as an associate member.

On July 12, 2006, the Plaintiff filed a lawsuit against the Defendant for the payment of the said loan with the Suwon District Court Decision 2006Gau23488.

E. After that, on July 4, 2013, the Plaintiff sold the instant loan claim against the Defendant to the Intervenor acquiring the Plaintiff.

F. On July 27, 2017, the Defendant filed an application for intervention with the Plaintiff’s Intervenor to accept the instant lawsuit with the court. On August 24, 2017, the Plaintiff withdrawn from the instant lawsuit with the Defendant’s consent. On the same day, the instant court decided that the Plaintiff’s Intervenor’s acceptance of the instant lawsuit for the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Intervenor, the transferee, to the sum of the principal and interest of the loan amount of KRW 49,061,574 and delay damages for KRW 20,000,000 pursuant to the loan agreement of this case, unless there are special circumstances.

3. Judgment on the defendant's defense

A. The defendant asserts that the plaintiff's claim for the loan of this case against the defendant was completed by the five-year extinctive prescription under the Commercial Act. Accordingly, the plaintiff's acceptance intervenor's claim for the loan of this case is a civil claim.

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