양수금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Plaintiff’s mother, as between the Plaintiff on May 1, 2012, indicated C as “the amount of KRW 5 million on the loan of February 25, 2008 to the Defendant, and KRW 10 million on the loan of January 28, 2010 (Evidence A 25),” and “the amount of KRW 5 million on February 25, 2008, KRW 6 million on January 28, 2010 and KRW 4 million on February 11, 2010,” but in light of the account transaction details, the said amount of KRW 4 million on the loan of KRW 100,000 on the loan of January 28, 2010 appears to be a clerical error.”
A total of KRW 15 million contract was entered into with the assignment of claims to the Plaintiff.
B. On March 14, 2016, the Plaintiff filed the instant lawsuit against the Defendant seeking the above transfer money. On August 1, 2017, when the instant lawsuit was pending, the Plaintiff commenced adult guardianship for C and was appointed as his/her adult guardian. On May 3, 2018, the Plaintiff, as a legal representative of C, notified the Defendant of the assignment of the claim, and received it by the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 11, 25, 27, 34, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff’s assertion C lent to the Defendant KRW 5 million in cash on February 25, 2008, and KRW 15 million in total by account transfer on January 28, 2010. The Plaintiff acquired the above loan claim from C and notified the Defendant as the legal representative of C.
Therefore, the defendant is obligated to pay to the plaintiff the above 15 million won of the above transfer money and damages for delay.
B. Defendant’s assertion 1) The Defendant did not borrow money from C. The above KRW 15 million was borrowed from the Defendant’s Satur. The Defendant only made D use of the Defendant’s account at D’s request, or deposited C’s interest into C’s account several times. In addition, D already repaid KRW 15 million to C prior to several years.
In addition, the defendant did not have the mental capacity at the time of the transfer contract with the plaintiff.
The foregoing assignment of claims is a trust act.