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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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Reasons
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(영문) 서울고등법원 2019.08.22 2019나23826
양수금
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1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Basic facts

A. C, along with the wife, supplied original intent to the Defendant who operated the clothing plant under the trade name of “E” while engaging in the original wholesale business at Seoul D shop.

B. On April 21, 2005, the Defendant confirmed that the obligation to pay the price for the goods that was not paid to C according to the above goods transaction was KRW 450,000,000, and agreed to pay the said amount until December 30, 2007.

C. Meanwhile, C additionally lent KRW 3,000,000 to the Defendant, including KRW 1,500,000 on July 25, 2008, and KRW 1,500,000 on August 5, 2008.

From September 14, 2005 to March 9, 2013, the Defendant repaid C totaling KRW 174,050,000 as principal over ten times in total.

Serial 10,00,000 won on September 14, 2005, 200 won on June 19, 2006: 30,000 won on June 19, 2006; 4. 20,000,000 won on July 18, 2008; 5.20,000,000 won on June 18, 2009 on June 16, 2009; 6.10,000,000 won on February 18, 2010; 10,000,00 won on September 15, 200,000; 6. 10,000 won on September 15, 200, 2000; 30,000 won on August 30, 201, 3005;

E. C (i) around June 10, 2014, which was not repaid by the Defendant until then on or around June 10, 2014 (i.e., KRW 3,000,000 loans of KRW 450,000,000, - Amount of KRW 174,050,000), transferred to the Plaintiff the claim, such as the price of goods, etc. (hereinafter “the instant claim”). On July 16, 2014, C notified the Defendant of the assignment of the said claim and issued the notification to the Defendant on July 17, 2014.

F. On July 24, 2014 after the Plaintiff acquired the instant claim, the Plaintiff filed the instant lawsuit against the Defendant with the Seoul Northern District Court stating that “The Defendant shall pay the Plaintiff KRW 278,950,000 and the amount equivalent to 20% per annum from the day following the delivery of the copy of the instant complaint to the day of complete payment.” The first instance court rendered a favorable judgment on January 21, 2015.

G. Meanwhile, the Defendant repaid KRW 35,00,000,000 to the Plaintiff on a total of six occasions from September 19, 2016 to January 31, 2019, which was after the judgment of the first instance was rendered.

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