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(영문) 의정부지방법원 2018.12.21 2018나1064

양수금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around July 14, 2001, the Defendant: (a) purchased the Eco-do vehicle from D Co., Ltd. at KRW 17,000,000 from D Co., Ltd. (hereinafter “the instant vehicle”); and (b) agreed to KRW 12 months of the loan month, interest rate of KRW 11.8% per annum, and delay damages rate of KRW 24% per annum.

B. On August 1, 2002, the Defendant entered into a loan agreement with F Co., Ltd. (hereinafter “F”) by setting the interest rate of KRW 20,239,671 (the additional interest on loans in KRW 17,00,000) at the rate of 11.8% per annum and 36 months during the loan period (the equal repayment of principal and interest) with respect to the installment obligations of the above vehicle, and the Defendant’s wife guaranteed the obligation to return the above loan.

C. On behalf of the Defendant, G, and F, on October 8, 2002, H drafted a notarial deed of money consumption loan (hereinafter “notarial deed of this case”) stating that “F shall pay 563,040 won each month from September 26, 2002 to July 26, 2005 (35 times) and pay 24% each month from September 2002 to pay 20,239,671 won (the additional interest on loans of 17,00,000 won from August 1, 2002) to the Defendant.

On May 25, 2006, F transferred the above loan claims against the Defendant (hereinafter “instant loan claims”) to the J Co., Ltd. (hereinafter “J”), and the J transferred the instant loan claims to the Plaintiff on October 31, 2012.

E. Upon filing the instant lawsuit, the Plaintiff submitted a written notice of assignment of claims between F and J (No. 2-1), and a written notice of assignment of claims between J and the Plaintiff (No. 2-2) as documentary evidence, and the Defendant filed an application for perusal and duplication of the litigation records on February 9, 2018 when filing a subsequent appeal, and accordingly, the instant lawsuit was pending.

F. The principal and interest of the instant loan claims are KRW 43,787,94 in total of KRW 13,236,754 in principal as of October 31, 2012, KRW 1,777,626 in installment interest, overdue interest, KRW 28,73,564 in interest, and KRW 43,787,94 in interest.

[Ground of Recognition] Unsatisfy, Gap Nos. 1, 2, 10, .