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(영문) 서울중앙지방법원 2015.06.24 2014나69763
대여금
Text

1. The part against the plaintiff in the judgment of the court of first instance shall be revoked, and the plaintiff's claim concerning it shall be dismissed.

2. The defendant.

Reasons

1. The facts of recognition (applicable only to the part on which the Plaintiff’s claim was dismissed in the judgment of the first instance court) were separately determined and loaned 5,000,000 won from the Solomon Savings Bank on January 26, 2012 at the interest rate of 26% per annum and 38% per annum, respectively.

The defendant did not pay interest after September 30, 2012, and the overdue interest rate was applied from November 16, 2012.

On the other hand, the claim of this case was transferred from the Solomon Savings Bank to the Plaintiff and the Intervenor succeeding to the Plaintiff (the trade name before the change is e.g., e., E., e., e., e., the company).

[Grounds for recognition] 1, 4, 5, 6, A, or 1, 2, 3, the purport of the entire pleadings

2. According to the fact of fact-finding, the Defendant is obligated to pay the Plaintiff’s Intervenor, the final transferee of the principal and interest of this case, the amount of KRW 5,00,000,000, and damages for delay calculated at the rate of 26% per annum, which is the agreed interest rate from September 30, 2012 to November 5, 2012, and 38% per annum, which is the agreed interest rate from the next day to the date of full payment.

However, as seen earlier, the Plaintiff transferred the principal and interest of this case to the Intervenor succeeding to the Plaintiff, there is no right to seek payment of the principal and interest of this case to the Plaintiff.

Therefore, the plaintiff's claim is dismissed.

3. If so, the part against the plaintiff in the judgment of the court of first instance is revoked, and the plaintiff's claim is dismissed, and the defendant shall be ordered to pay the money recognized in Paragraph 2 of this Article to the plaintiff succeeding intervenor.

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