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(영문) 의정부지방법원 2018.05.11 2017나7386
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is that "if the court of first instance accepts an appropriation from the Civil Code to the court of first instance" of the April 15 of the grounds of the judgment of the court of first instance, "if the court of first instance satisfies the obligation of the defendant pursuant to Article 479(1) of the Civil Code within the limit of 25% per annum of the interest and the principal within the limit of 25% per annum pursuant to Article 479(1) of the Interest Limitation Act, the court of first instance shall accept the application in the order of interest and the principal within the limit of 25% per annum," and except for the addition of the judgment under Paragraph 2

2. The Defendant asserts that the Plaintiff transferred the loan claims of KRW 25,000,000 to the Defendant for the first time on October 2015.

The fact that the Defendant remitted KRW 1,50,000 to D on November 27, 2015, KRW 500,000 on December 31, 2015, and KRW 500,00 on January 31, 2016 is as seen earlier.

However, in spring of 2016, which was after October 2015, the Defendant asserted as the time of the assignment of claims, and the fact that the Defendant partially repaid the above obligation to the Plaintiff, other than D around the same year, is also as seen earlier. Therefore, the evidence alone submitted by the Defendant alone is insufficient to acknowledge that the Plaintiff transferred the obligation to D to the Defendant, and there is no other evidence to acknowledge otherwise.

Therefore, we cannot accept this part of the defendant's argument.

3. The judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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