beta
(영문) 서울중앙지방법원 2016.11.23 2016나38732

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On September 2001, the Defendant obtained a drone card from Hyundai Capital and received a loan by using the said card (hereinafter “instant loan”). When the Defendant delayed the payment of the principal and interest of the instant loan, Hyundai Capital transferred the instant loan to the Plaintiff (the Plaintiff, Inc., Ltd., the Credit Counseling and Recovery Fund prior to the change) on April 16, 2009 and notified the Defendant of the said transfer on December 2, 2009.

B. Meanwhile, the principal and interest of the instant loan, which was repaid as of September 19, 2010, is KRW 13,560,680 (the principal and interest thereof KRW 4,571,871), and the overdue interest rate determined by the Plaintiff is 17% per annum.

[Ground of recognition] The facts that there is no dispute, Gap evidence Nos. 1 through 4 (including virtual number), the financial transaction information replys of the Nonghyup Bank of Korea, the entire purport of pleadings [the defendant did not prepare an application for the issuance of the drone Nos. 2-1) and did not have any fact that he was issued the drone Nos. 2-1). However, the defendant's application for the issuance of the above drone Nos. 1 is clearly stated, that is, the defendant's personal information is stated in the application for the issuance of the above drone Nos. 1 and 4, and that the monthly installment payment is deposited from the agricultural bank account in the defendant's name as stated in the automatic transfer account column from Oct. 15, 2001 to Aug. 18, 2003; that the letter written in the application for the issuance of the above drone Nos. 2-1 and the letter written by the plaintiff to the court of the court of the first instance, etc. are similar in light of the following facts.]

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the principal and interest of the instant loan amounting to KRW 13,560,680, and damages for delay calculated by the rate of 17% per annum from September 20, 2010 to the date of full payment.

3. The plaintiff's claim is justified, and this conclusion is delivered.