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(영문) 춘천지방법원원주지원 2020.08.19 2019가단56052

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 83,216,249 and KRW 33,295,748 from February 13, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. On October 15, 2012, the Defendant agreed to receive a loan of KRW 34,500,000 with C Co., Ltd., and agreed to repay the principal and interest, including interest at the rate of 14.02% per annum in 60 months per annum and pay damages for delay calculated at the overdue interest rate of 24% per annum if delay is delayed.

(hereinafter “instant loan agreement”). B.

Around May 20, 2016, C Co., Ltd. entered into an asset acquisition agreement with the Plaintiff that sells outstanding claims, including the Defendant’s loan claims under the instant loan agreement, to the Plaintiff, and notified the Defendant of the assignment of claims on the 23th of the same month.

C. As of July 3, 2019, the principal and interest of the instant loan agreement is KRW 33,295,748; interest KRW 49,920,501; and KRW 83,216,249.

[Ground of recognition] According to Gap evidence Nos. 1 and 2, Gap evidence Nos. 3-2 (CA's application form, Gap evidence No. 6-1 to 3, and video, since the defendant's name is recognized as being by the seal of the defendant, the authenticity of the entire document is presumed to be established. The defendant's assertion that "Although he/she submitted his/her identification card and a certificate of personal seal to allow a bank loan from D, he/she does not have any fact of receiving money at the rate of interest thereafter." However, even according to the defendant's argument, it is reasonable to deem that the defendant granted the right of proxy to enter into the loan agreement of this case to Eul. Thus, apart from the fact that the defendant can be held liable for embezzlement of loans to Eul, the defendant is not exempt from the obligation to pay the above loan to C's company or the plaintiff as the assignee of bonds). The purport of all pleadings as a whole.

2. According to the facts acknowledged above, the Defendant shall pay the Plaintiff the principal and interest of the loan based on the loan agreement of this case amounting to KRW 83,216,249 and the principal amounting to KRW 33,295,748.