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(영문) 수원지방법원 2018.05.09 2017가단516816

양수금

Text

1. The Defendant’s KRW 36,80,000 as well as the Plaintiff’s annual rate of KRW 5% from March 15, 2017 to May 25, 2017.

Reasons

1. Facts of recognition;

A. Nonparty C Co., Ltd. (hereinafter “C”) lent a total of KRW 21,300,000 to the Defendant several times, and there was no interest agreement, and the period of repayment was determined and lent by the Defendant’s Jongno-gu Seoul Metropolitan Government Office for Jongno-gu Seoul Metropolitan Government Residential Self-Governing Province Construction Costs by the time of the first collection of the construction costs of the Defendant

(2) On April 6, 2015, KRW 5,00,000, KRW 10,000 on April 9, 2015, KRW 300,000 on September 3, 2015, KRW 200,000 on November 4, 2015, KRW 200,00 on November 5, 2015, KRW 200,000 on November 5, 2015, and KRW 21,300,00 on November 30, 2015).

C On March 15, 2017, while the repayment of the loan was not made even after the maturity date, C transferred the loan to the Plaintiff, a creditor of the loan to himself, and notified the Defendant of the transfer of the loan on the same day.

C. Nonparty F Co., Ltd. (hereinafter “F”) lent KRW 15,500,00 to the Defendant; there was no interest agreement; and the period of repayment was determined by Jongno-gu Seoul Metropolitan Government Office for Jongno-gu Seoul Metropolitan Government Office by the time of the Defendant’s new construction of the Jongno-gu Residents’ Self-Governing Center in Jongno-gu.

(No. 10,500,000 on October 2, 2015, and KRW 5,000 on October 8, 2015) d.

The F transferred the loan to the Plaintiff, the creditor of the loan to him, on March 15, 2017, while the F was unable to receive the loan despite the maturity date, and notified the Defendant of the transfer of the loan on the same day.

[Evidence: Evidence Nos. 1 through 9 (including paper numbers), and the whole purport of oral argument]

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff, the assignee of each of the above loan claims (20 million won 1.3 million won) and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from March 15, 2017 to May 25, 2017, which is the delivery date of the complaint of this case, from March 15, 2017, which is the delivery date of the claim of this case, and from the next day to the day of full payment, 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

B. The defendant against this.