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(영문) 대구지방법원 2015.10.29 2015나8962
양수금
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. A. Around July 25, 201, the Defendant and C (hereinafter referred to as “Defendant, etc.”) jointly agreed with the Defendant and C (hereinafter referred to as “the Defendant, etc.”): (a) around July 25, 201, the credit amount of KRW 30,000 per month: KRW 1,00,000 per month, and the credit amount of KRW 1,30,000 per month, and the credit amount of KRW 1,30,00 per month before the time the credit amount was paid (hereinafter referred to as “25 days per month”); and (b) around April 20, 2012, the credit amount of KRW 30,30,000, and the credit amount of KRW 1,000,000 per month before the credit amount was given; and (c) the credit amount of KRW 1,30,000 per month, and each credit amount of KRW 1,300,00 per month (hereinafter referred to as “the credit”).

B. D has joined the said twenty-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-five-one-one-one loan instrument was drawn up and delivered to the Defendant, etc. in order to secure the payment of each of the above two-one-one credit instrument. Of them, D’s loan certificate (No. 9) provides that “E shall borrow KRW 30,000,000 from C on April 20, 2012, with interest rate specified on September 20, 2014.”

C. E, on behalf of D, remitted KRW 40,00,00 on August 12, 201, KRW 1,000,00 on January 30, 201, KRW 300,000 on February 10, 2012, KRW 4,400,000 on June 28, 201, and KRW 80,000 on July 10, 2012, KRW 1,70,000 on August 25, 200, KRW 30,000 on August 25, 201, KRW 30,00 on August 1, 200, KRW 1,300, KRW 300 on August 1, 200, KRW 19,000 on November 19, 200, KRW 100 on June 20, 2010 on the account; and

On the other hand, around April 2014, the Plaintiff entered into a bonds transfer contract (Evidence A) with E against the Defendant, which takes over from E to the Defendant (the principal amount of KRW 30,000,000 as of April 20, 2012, and KRW 25,000,000, out of the loans agreed on September 20, 2014 with the due date, and the Plaintiff notified the Defendant of the above assignment of claims on April 4, 2014.

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