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Reasons
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(영문) 의정부지방법원고양지원 2016.12.01 2015가단15705
대여금
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1. The Defendant’s KRW 49,618,241 as well as the Plaintiff’s KRW 5% per annum from June 17, 2013 to June 12, 2015.

Reasons

1. The Plaintiff used the Plaintiff’s credit card from December 2, 2012 to the Defendant, paid money to the Defendant with the Plaintiff’s credit card loan and lent money to the Defendant several times by means of direct payment of cash. The Plaintiff’s loan to the Defendant reached KRW 51,718,241 in total as of June 17, 2013, and the Defendant prepared a loan certificate to the effect that the Plaintiff would pay the above amount to the Plaintiff on the same day, and there is no dispute between the parties.

2. The parties' assertion

A. The plaintiff's assertion is obligated to pay the loan 49,618,241 won (the amount calculated by deducting part of the loan 51,718,241 won) and damages for delay to the plaintiff.

B. Around July 15, 2013, the Plaintiff and the Defendant concluded a contract with C Co., Ltd. (hereinafter “C”) to acquire the Defendant’s above loan obligations with the Defendant’s exemption from liability, and subsequently, concluded a non-civil or criminal objection against each other.

Therefore, the lawsuit of this case is unlawful in violation of the Appellate Agreement, and the defendant does not bear a loan obligation against the plaintiff.

3. Determination

(a) The following facts can be acknowledged in full view of Gap evidence Nos. 1 to 9, Eul evidence Nos. 2 to 4, and witness D and E's testimony as a whole.

1) On July 15, 2013, the Plaintiff, the Defendant, and C (Substantial Representative E) concluded a contract with the following terms and conditions as to the above loan obligations KRW 51,718,241 (hereinafter “instant contract”).

(b) A contract for debt transfer and takeover;

1. Amount of transfer or acquisition: 51,718,241,000 won (in nex, e.g., 51,718, 241); and

2. The above amount was settled at the same time in relation to the obligations of the Do Council in relation to Section A’s personal debt relationship between Section A and Section C, which has served as a C(State) employee.

3.The assignment of the above amounts.

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