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(영문) 대전지방법원 2017.05.11 2016가단27983
대여금
Text

1. The Defendant’s KRW 100,000,000 as well as 5% per annum from October 11, 2015 to August 22, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 7, 2015, the Defendant drafted a loan certificate stating that “10 million won will be repaid to D until October 10, 2015,” with respect to the remainder of KRW 100 million.”

B. On July 1, 2016, D entered into a contract with the Plaintiff to transfer a claim of KRW 100 million against the Defendant to the Plaintiff, and notified the Defendant of the assignment of the claim on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. In a case where both parties are liable to pay money, not by a loan for consumption, if both parties agree to make the subject matter the object of a loan for consumption, the loan for consumption has its effect (see Article 605 of the Civil Act). The Plaintiff lawfully acquired D’s loan claims against the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 100 million and the amount of delay damages calculated at the rate of 5% per annum prescribed by the Civil Act from October 11, 2015 to August 22, 2016, which is the service date of a copy of the complaint in this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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