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(영문) 서울중앙지방법원 2020.08.19 2019나75923

양수금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 3,00,000 as well as the full payment with respect thereto from May 31, 2014.

Reasons

1. Facts of recognition;

A. On October 9, 2013, C Co., Ltd. (hereinafter “C”) made a loan with the Defendant at an interest rate of KRW 3,00,000 per annum and interest rate of overdue interest rate of KRW 38.81% per annum, and on October 9, 2016, repayment of the principal and interest every month in installments, and delayed repayment of the above repayment (hereinafter “the instant loan claim”).

B. However, by May 30, 2014, the Defendant did not repay the principal of the instant loan claim to C at all until May 30, 2014, and did not pay interest from the above date and time.

C. On August 31, 2014, C transferred the claim for the instant loan to the Plaintiff. On September 11, 2014, the Plaintiff delegated by C was notified of the assignment of the said claim to the Defendant and served the Defendant around that time.

[Reasons for Recognition] Each entry in Gap's evidence Nos. 1 through 4, and the result of this court's order to submit financial transaction information to D Banks

2. Determination

A. The following circumstances revealed by the above evidence and the purport of the entire pleadings, namely, ① there exists a financial transaction that C transfers total of KRW 3,000,000,000 to the Defendant on October 9, 2013 and KRW 3,000,000 on October 14, 2013; ② the above KRW 3,00,000,00 is the same as the bonds of this case, and the time of transfer is the same as the amount of KRW 3,00,000,000, which is the bonds of this case, and ③ although the Defendant’s signature did not exist in the loan transaction contract (Evidence A), the name and resident registration number of the Defendant was stated in the digitalized name and the resident registration number of the Defendant, which appears to have been prepared by means of an authorized certificate prior to October 2014, it is reasonable to deem that C loaned the Defendant a loan of KRW 3,00,00 in accordance with the agreement of this case.

B. Therefore, the Defendant, a transferee of the instant loan claim, shall pay to the Plaintiff the principal of the instant loan claim amounting to KRW 3,000,000 as well as the agreed overdue interest rate of KRW 38.81% per annum from May 31, 2014 to the date of full payment.