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Reasons
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(영문) 서울고등법원 2015.02.12 2014나42235
대여금
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1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

On April 8, 2011, smart observer Co., Ltd. established a loan claim between the Plaintiff and the Defendant was repaid KRW 200 million by the Defendant on June 3, 201, after setting the Defendant as the interest rate of KRW 600 million per annum and due date of payment on July 7, 2011.

After receiving the remaining claim amount of KRW 400 million from the smart option tex, the Plaintiff entered into a monetary loan agreement with the Defendant on November 21, 2012 with respect to the said amount, with the payment period of KRW 400 million from March 28, 2013; the interest rate of KRW 90 million from April 8, 2011 to November 20, 2012; the interest rate of KRW 8.5% per annum from March 28, 2013; and the interest rate of KRW 8.5% per annum from the next day to March 28, 2013; and the interest rate of KRW 160 million from the Defendant on July 28, 201. The Plaintiff entered into a loan loan agreement with the Defendant on March 28, 2013; the interest rate of KRW 160 million per annum; and the interest rate of KRW 88% per annum; and the interest rate of KRW 2018 per annum; and

2) On June 25, 2013, the Plaintiff’s obligee’s claim attachment and collection order, etc. as to each of the instant loans, C&S assets management, including the Plaintiff’s obligee’s claim attachment and collection order, was issued a provisional seizure order of KRW 550,756,935, and the provisional seizure of the claim was issued against the Defendant as to the principal and interest of each of the instant loans, interest thereon, delay damages, and KRW 550,756,935, which the Plaintiff owned against the Defendant by the Plaintiff and the third obligor as the Defendant. On September 26, 2014, the provisional seizure of the claim amounting to KRW 20,848,544, among each of the instant loans, was additionally transferred to the Defendant as to the provisional seizure of the claim amounting to KRW 550,756,935,00,000,000,0000,000 won.

Global Co., Ltd. is the Seoul Central District Court on September 2, 2014.

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