beta
(영문) 서울남부지방법원 2016.10.14 2015가합2561

양수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 20, 2001, the Young Line Saemaul Community Fund established a loan of KRW 200 million (credit limit of KRW 280 million) to the Defendant on June 20, 2001 at the interest rate of 10.5% per annum on June 20, 2004 on the expiration date of the loan period of June 20, 2001, and at the interest rate of 10.5% per annum (hereinafter “instant loan”).

B. On May 1, 2005, the Young- Line Saemaul Savings Depository changed the name of the Korea Saemaul Savings Depository Federation (the Korea Saemaul Savings Depository Federation changed to its name on September 201; hereinafter “Korea Saemaul Savings Depository”) and the Korea Saemaul Savings Depository Federation assigned the instant loan claims to the Plaintiff on April 18, 2014.

C. On December 1, 2014, the Defendant: (a) delegated the power of representation to notify the Plaintiff of the assignment of claims; and (b) notified the Plaintiff of the instant loan claim by way of content-certified mail.

[Ground of recognition] Gap 1, 2, 3, Gap 4 (a copy of the loan agreement, the defendant's defense that the existence of the original is not recognized; however, considering the whole purport of the pleadings, the existence of the original is recognized, and since there is no dispute as to the defendant's seal portion, the authenticity of the entire document is presumed to have been established. The defendant defense that this document was forged, but no evidence to acknowledge it exists), Gap 5, 8, and the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, as of November 25, 2014, the principal and interest on the instant loan is KRW 222,19,565, interest KRW 323,91,160, and delay damages KRW 24,207,238,715 in total, and KRW 570,238,715 in total, and KRW 222,19,565 in principal, barring special circumstances, the Defendant is obligated to pay to the Plaintiff delay damages from the day following the delivery date of the original copy of the instant payment order, which the Plaintiff seeks with respect to KRW 570,238,715 in total, and KRW 222,119,565 in principal.

B. As to the defendant's defense 1, the defendant's loan of this case.