(영문) 수원지방법원 2015.11.27 2014나48160

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(영문) 수원지방법원 2015.11.27 2014나48160

대여금

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order for payment shall be revoked, and above.

Reasons

1. The Plaintiff, on July 27, 2009, agreed to the interest on the third part of a month and lent KRW 3 million (hereinafter “instant loan”) to the Defendant on July 27, 2009, has no dispute between the parties. Barring any special circumstance, the Defendant is liable to pay the Plaintiff KRW 3 million of the instant loan and interest or delay damages thereon.

2. The defendant's assertion and judgment

A. The Defendant’s assertion on July 2010: (a) paid 180,00 won interest of the instant loan accrued until that time to the Plaintiff; (b) transferred the amount equivalent to the instant loan to the Defendant’s claim 28 million won to the Plaintiff; and (c) agreed between the Plaintiff and the Plaintiff to receive the instant loan from the Plaintiff and the Plaintiff to receive the instant loan from the Plaintiff; and (d) the Defendant’s loan obligations against the Plaintiff were extinguished.

B. Determination does not mean that a debtor’s transfer of another claim in relation to the repayment of obligation to a creditor is presumed to have been transferred by means of a security for repayment of obligation or a repayment, barring special circumstances, barring any special circumstance, it does not mean that the assignment of the claim is not immediately extinguished if the assignment of the claim is made, and the debtor is relieved of obligation within the scope of the obligee’s discharge (see, e.g., Supreme Court Decision 2012Da4098, May 9, 2013). In full view of the purport of the entire pleadings in evidence Nos. 1 and 3 as to the instant case in light of the foregoing legal principles, the court below held on July 7, 2010, at the same place where the Plaintiff, the Defendant, and C together with the Plaintiff (=3 million won x 3% x 2 months x 2 months x 300 million won). The Defendant did not transfer the loan to the Plaintiff out of the loan extended to the Plaintiff on July 2010.

참조판례

-대법원 2013. 5. 9. 선고 2012다40998 판결

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