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(영문) 부산지방법원 2019.06.26 2018나56251
양수금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

1. The obligor C shall, on August 16, 2016, borrow 20 million won as household daily living cost from the obligee E at the rate of 10% per annum (96 weeks) for two years.

2. The principal and interest of 1040,000 won shall be repaid in installments for 96 weeks from the day immediately following the date of borrowing.

3. The installment repayment shall lose the benefit of time and shall be repaid in full, but the interest in arrears shall be 25% per annum.

The main contents of Gap evidence 1(s) are as follows:

B. On January 16, 2018, when the Plaintiff acquired the above loan claims from E, the Plaintiff notified the Defendants of the transfer on the same day, and the following notice was served to the Defendants.

[Reasons for Recognition] : Facts without dispute, entry of Gap 1 to 4

2. The assertion;

A. The Plaintiff’s assertion E around 2001: (a) around 2001, Defendant C lent KRW 20 million to Defendant C with interest rate of 25% per annum.

A part of interest was paid in cash until 2002, but was repaid in bank account from 2003.

The Defendants did not pay interest properly, E prepared the instant loan certificate at the interest rate of 10% per annum to the effect that the principal shall be repaid even on August 16, 2016.

Since Defendant C borrowed money in daily home, Defendant C and its husband are jointly and severally liable to pay the principal and interest to the Plaintiff who acquired the above loan claim.

B. Defendant C’s assertion of the Defendants merely borrowed KRW 18 million from E in around 2003 due to the shortage of the cost of goods while conducting funeral services, and not borrowed from the cost of living.

There is no agreed interest rate of 25% per annum.

The principal and interest were repaid.

Around August 2016, E forced Defendant C to pressure Defendant C by taking legal measures and sending content certificates as a house with the finding of Defendant C, etc. As such, the instant loan certificate constitutes an unfair juristic act and thus null and void.

3. Determination

(a)the amount of loans related to the loan;

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