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(영문) 서울북부지방법원 2020.12.08 2019가단116891
양수금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On November 28, 2017, the Plaintiff loaned KRW 500,000,000 to C for the interest rate of KRW 1.2% per month and by December 31, 2018.

B. Around February 2019, C transferred to the Plaintiff the amount of KRW 200,00,000 (hereinafter “transfer claim of this case”) that C had against the Defendant as security for the repayment of the above obligation, and then notified the Defendant of the transfer of the above obligation on March 5, 2019, and the above notification reached the Defendant on May 1, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the Plaintiff, the transferee of the transfer claim of this case, the amount of KRW 200,000,000, and damages for delay.

B. The Defendant’s assertion and judgment alleged that he agreed to invalidate the assigned claim of this case prior to the receipt of the notice of assignment with C. As such, in full view of the overall purport of the entries and arguments in the evidence Nos. 9, 2 and 6, the Defendant agreed to invalidate the assigned claim of this case on April 11, 2019 between C and the assigned claim of this case, and on behalf of the Defendant, to pay KRW 65,00,000 to the Plaintiff in installments. According to the above agreement with C on April 11, 2019, the Defendant borrowed KRW 65,00,000 as of March 1, 205, and the Defendant paid KRW 7,50,000 to the Defendant’s each of the transferred claim of this case from April 27, 2019 to December 27, 2019; and the fact that the Defendant paid KRW 300,000,000 as to the assigned claim of this case; and the fact that the Defendant paid KRW 301,01,09.

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