(영문) 서울남부지방법원 2019.12.20 2019나51275

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(영문) 서울남부지방법원 2019.12.20 2019나51275

양수금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

Reasons

1. On February 26, 2007, the Plaintiff’s assertion C Limited Company (hereinafter “Nonindicted Company”) loaned KRW 2,00,000 to the Defendant at the interest rate of 49% per annum (the same interest rate per annum) and on February 25, 2009 (the method of equal installment of principal and interest) due date. The Defendant lost its interest due to its failure to repay the principal and interest from December 27, 2008, and the remaining principal amount at the time of its loss was KRW 1,163,833.

On May 25, 2010, Nonparty Company transferred the principal and interest of loan to the Plaintiff and notified the Defendant of the assignment of claim.

Therefore, the defendant is obligated to pay to the plaintiff who is the transferee of the above principal and interest claim the above amount of KRW 1,163,833 and damages for delay calculated at the rate of KRW 49% per annum from December 27, 2008.

2. On February 26, 2007, whether the non-party company loaned KRW 2,00,000 to the defendant under the condition as alleged by the plaintiff, and since the defendant disputes over the authenticity of the evidence No. 3, which is a monetary loan contract between the non-party company and the defendant, the plaintiff who submitted the above document must prove the authenticity, but the evidence No. 3 (money loan contract) cannot be admitted as evidence since there is no evidence to prove the authenticity.

Furthermore, the remainder of the evidence submitted by the Plaintiff alone is insufficient to acknowledge that a loan contract was concluded between the non-party company and the defendant, and there is no other evidence to acknowledge this otherwise. Therefore, the Plaintiff’s claim for the transfer of loan premised on the holding of the principal and interest of loan against the Defendant by the non-party

3. In conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal shall be accepted and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.

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