양수금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. On November 9, 2012, the Plaintiff’s assertion Love Loan Co., Ltd. (hereinafter “Nonindicted Company”) leased KRW 6 million to the Defendant on a fixed basis as 39% per annum on interest and delay damages, and on November 9, 2015.
After that, the defendant lost the benefit of time due to the delinquency in payment of the loan principal, and the balance of the loan principal as of January 24, 2013 is KRW 5,690,896.
On the other hand, the Plaintiff acquired the above loan claim from the non-party company through the Bosa Capital Loan Co., Ltd., and notified the Defendant of each transfer.
Therefore, the defendant is obligated to pay to the plaintiff 5,690,896 won and damages for delay.
2. First, according to Gap evidence No. 7, the fact that the non-party company remitted 6 million won to the Defendant’s account on November 9, 2012 is recognized.
Furthermore, as to whether the non-party company lent the above money to the defendant, the health class No. 1, corresponding thereto, cannot be used as evidence because there is no evidence to prove the establishment of the authenticity, and it is not sufficient to recognize the above lending fact solely by the statement of the evidence No. 2 through No. 6, considering that the defendant's former wife B managed the above account under the defendant's name at the time of the above transfer. There is no evidence to prove otherwise.
Therefore, the plaintiff's assertion based on the premise that the non-party company lent the above money to the defendant is without merit.
3. If so, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.