양수금
1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 16,633,758 and KRW 5,318,771 among the Plaintiff and the Plaintiff’s KRW 7,00 on January 7, 2013.
1. The facts of recognition are as follows: Gap (the defendant's name is the defendant's seal, and there is no dispute that each stamp image after the defendant's name is the defendant's seal, and the authenticity of the document is presumed to be established. The defendant claims that this document was forged; however, there is no evidence to acknowledge it); considering the whole purport of pleadings, the defendant shall determine 5,318,71 won from Samsung Capital Co., Ltd. on October 27, 2003 as interest rate of 22% and received a loan under the condition that 146,498 won will be repaid each month from December 25, 2003 to November 25, 2008; the defendant merged the above Samsung Capital Co., Ltd. on May 13, 2005 with the defendant's claim against the defendant on May 13, 2005; and the plaintiff shall not be found otherwise by the time of the acquisition of the claim against the defendant;
2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff interest calculated at the rate of 17% per annum from January 7, 2013 to the date of full payment, as the Plaintiff seeks.
As to this, the defendant defense to the effect that the loan of this case was made in full in payment of KRW 13,00,000 among the loan debt by Samsung Motor Co., Ltd., but there is no evidence to acknowledge it, and the above defense is not accepted.
3. If so, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance is unfair on the ground of its conclusion, and it is so decided as per Disposition by ordering the defendant to pay the above amount.