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(영문) 부산지방법원 2019.05.16 2018가단20350
대여금
Text

1. The defendant shall pay 27,650,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. On May 9, 2014, the Defendant prepared to the Plaintiff a notarial deed of a monetary loan for consumption with the following content:

(hereinafter “Claims based on Notarial Deed”). - The Defendant borrowed KRW 75,00,000 from the Plaintiff on May 9, 2014.

- Article 2 (Time-Limit and Method of Performance) 25 million won means a payment in installments over five times in total, each five million won on the last day of August 2014, October, 12, February 2015, and on the last day of April 2015, and five million won means a payment by the last day of May 2015.

B. On March 2015, the Plaintiff transferred a claim based on a notarial deed to Police Officers C, and notified the Defendant of the transfer at that time.

C. Around May 30, 2017, the Defendant filed a petition for bankruptcy and immunity with the Changwon District Court. On September 26, 2017, the said court rendered a petition for immunity with respect to the Defendant as the head of Changwon District Court No. 845, 2017Hadan848, Sept. 26, 2017.

On the other hand, on July 19, 2017, the Defendant drafted a letter of commitment to the Plaintiff, for four years from July 19, 2017 to May 30, 202, the sum of 500,000 won per month (the last day of each month) and KRW 29,50,000,000 per month, for four years from May 30, 202.

(hereinafter referred to as the “instant letter of payment”). (e)

The defendant paid 1850,000 won to the plaintiff according to the above payment note as follows:

The amount entered on the date of entry, 17.8/3.5 million won on the date of entry, 17.9/5 million won on the date of entry, 17.9/5 million won on the date of entry, 3.5 million won on the date of entry, 3.17.10/200, 4.4.5 million won on the 17.10/5.5 million won on the 10/5.18.18.1/6.2 million won on the 18.15 million won on the date of entry, 1.3 evidence A, 2.

2. Determination as to the claim and argument

A. In light of the claim based on the Notarial Deed as to the cause of the claim, the above claim was transferred to a third party, as well as the fact that the defendant was granted immunity as seen earlier, and thus, the plaintiff's claim against the claim cannot be accepted.

The Defendant shall pay to the Plaintiff an amount equivalent to KRW 1.850,000 for the obligations based on the instant payment note, and shall still pay the remainder of KRW 27,650,000.

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