(영문) 부산지방법원동부지원 2020.01.15 2019가단8049

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(영문) 부산지방법원동부지원 2020.01.15 2019가단8049

대여금

Text

1. The defendant shall pay 78,00,000 won to the plaintiff and 24% per annum from November 1, 2009 to the day of complete payment.

Reasons

1. The judgment on the cause of the claim shall be made on August 30, 1999 to January 26, 2004 that the plaintiff lent a total of KRW 78,00,000 to the defendant; on September 16, 2009, upon the commission of the plaintiff and the defendant, the plaintiff approved that the defendant has a debt amount of KRW 78,00,000 on September 16, 200; on October 31, 2009, the due date shall be 30% per annum; on October 31, 2009, the repayment period shall be 30% per annum; on the other hand, if the defendant fails to perform the above obligation, the defendant shall be immediately notified of the absence of objection even if he is subject to compulsory execution. The authentic deed (Quasi-loan No. 461, 200, No. 461, 209, and hereinafter referred to as the "notarial deed of this case") prepared by the notary public of the Dhap Office.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 78,00,000 and damages for delay calculated by applying the rate of 24% per annum to the Plaintiff within the scope of the agreed delay damages rate from November 1, 2009 to the day of full payment, which is the day following the due date.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that the Defendant would transfer to the Plaintiff the claim amounting to KRW 78,00,000 for E around September 2009, and agreed to substitute for the repayment of the above loan to the Plaintiff. As such, the Defendant did not bear the obligation to borrow money based on the instant notarial deed.

B. According to the purport of the entire pleadings as to the evidence Nos. 1 and 2 of the judgment, the Defendant, around September 16, 2009, transferred to the Plaintiff the loan claim of KRW 48,000,000 and KRW 30,000,000 among the loan claim of KRW 490,000,000, possessed by E around September 16, 200, and notified E around that time. Since then, the Plaintiff filed a lawsuit against the Plaintiff seeking payment of KRW 78,00,000,00 as the Busan District Court Branch Branch of Busan District Court Decision 201Ga2137, and received a favorable judgment on July 8, 2011.

However, the obligor is related to the performance of obligation to the obligee.

유사 판례

-부산지방법원동부지원 2020.01.15 2019가단8049

-광주지법 1992. 11. 11. 선고 92가합840 제5민사부판결 : 확정

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