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(영문) 수원지방법원 2019.07.12 2019나1333
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

On February 6, 2002, the Plaintiff asserted that the Defendant borrowed KRW 11,00,000 from C Co., Ltd. (former mission D Co., Ltd.; hereinafter “C”) (hereinafter “instant loan”), and delayed repayment from March 26, 2002.

After October 24, 2003, C transferred the above loan claim (principal KRW 10,736,736,736) to the Plaintiff via E Co., Ltd., and notified the Defendant of the assignment of the above loan at that time.

Therefore, the defendant is obligated to pay the above KRW 10,736,736 and damages for delay to the plaintiff.

The defendant asserted that the defendant did not apply to C for the loan of this case, and since C did not receive the above loan, the plaintiff's claim is without merit.

As to the cause of the claim, the following facts can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 (a loan application, the "applicant" of the suspension, and the "applicant" column at the bottom of the suspension, and the defendant's name written on each pen is written by the defendant. Since there is no dispute between the parties as to the fact that the stamp image affixed to the defendant's name is affixed to the defendant's seal, the authenticity of the entire document is presumed to have been established) and evidence Nos. 2 through 7.

On February 4, 2002, the Defendant: (a) prepared and submitted to C an application for a loan of KRW 11,00,000 for a loan to obtain a loan from C with a loan term of 36 months and interest rate of 10% per annum (17% per annum); (b) the Defendant’s application for the loan includes the details of applying for automatic transfer for repayment of the principal and interest on the deposit account of the Industrial Bank of Korea under the name of the Defendant, “The Bank of Korea in the name of the Defendant as a deposit account.”

In addition, in the application for the loan of this case, the copy of the passbook of the defendant, the defendant's resident registration card and the driver's license.

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