추심금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From January 25, 2011 to March 24, 2016, the Defendant received interest exceeding the interest rate under the Interest Limitation Act from C Co., Ltd., without being registered with the competent authority, and extended the sum of KRW 2.1 billion to C Co., Ltd. (hereinafter “C”) 19 times from January 25, 201 to March 24, 2016, and received reimbursement of KRW 3.13 billion in total over 106 times.
Ultimately, the Defendant received the interest calculated by C at the highest interest rate prescribed in the Interest Limitation Act during the above period in excess of KRW 819,214,437.
(hereinafter “the excess interest of this case”) (Evidence A No. 7). B.
On October 2016, 2016, C transferred to D the claim for return of excess interest of this case against the Defendant to D. On June 10, 2016, C transferred the claim for return of excess interest of this case against the Defendant to D, and the Defendant accepted it with a certificate with a fixed date.
(A) Evidence No. 5) (c)
On September 2, 2016, 2016, C prepares a confirmation document stating that “C does not have any claim against the Defendant and does not make any claim against the Defendant” to the Defendant on September 2, 2016.
(hereinafter “this case’s factual confirmation”) (No. 1). The actual actor is C’s representative E.
On July 18, 2016, the Gwangju District Court issued a payment order to the Plaintiff on July 18, 2016, “C shall pay 189,390,000 won and damages for delay calculated from December 25, 2015.” The above payment order was finalized on August 4, 2016 (hereinafter “instant payment order”) (hereinafter “Evidence 1), and the Plaintiff was issued a collection order on April 3, 2018 (hereinafter “instant payment order”), based on Gwangju District Court Decision 2018TTTTT53069, “The collection order of KRW 254,120,420 among the excess and returned claims against C’s Defendant may be collected” (hereinafter “the above collection order”) with the content that “the above order was issued to the Defendant on August 4, 2016.”