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(영문) 서울남부지방법원 2018.07.12 2017나62226

양수금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. On December 12, 2012, the Plaintiff’s alleged call loan agreed to KRW 2,00,000 to the Defendant at the rate of KRW 38.69% per annum, and the due date for repayment was fixed and lent on December 31, 2017 (hereinafter “instant loan”), and on December 31, 2013, transferred the instant loan loan claim to the Plaintiff.

Since the Defendant delayed the payment of interest from May 1, 2013, and the principal amount of KRW 1,985,196 as of September 8, 2016 remains, the Defendant is obligated to pay to the Plaintiff, the assignee of the instant loan claim, KRW 2,385,281 (the principal and interest calculated by the rate of delay of 6% per annum for the remaining principal from May 1, 2013 to September 8, 2016) and delay damages for the remaining principal.

2. A person who asserts the existence of a right to judgment shall bear the burden of proof as to the existence of the provision on the occurrence of such right;

(See Supreme Court Decision 64Da34 Decided September 30, 1964). Although there are objective evidence to acknowledge the Plaintiff’s assertion that the instant lease contract had been concluded between the Plaintiff and the Defendant, there was an individual (credit) information inquiry, collection, use, and provision agreement (Evidence A 3) as of December 12, 2012, there is no evidence to acknowledge the authenticity, it cannot be deemed as evidence, and the remainder of the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the instant loan claim was created, and there is no other evidence to acknowledge it.

The plaintiff's assertion is without merit.

3. The plaintiff's claim of this case in conclusion must be dismissed as there is no reasonable ground.

The judgment of the court of first instance, which differs from this conclusion, is unfair, so the defendant's appeal is accepted, and the judgment of the court of first instance is revoked, and the plaintiff's claim is dismissed.