logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.16 2017나79228
양수금
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is ordered.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) on September 25, 2006, extended a loan of KRW 6,000,000 to the Defendant on a yearly basis, at 45.9% per annum, and at 36 months during the lending period (hereinafter “instant loan”).

B. The Defendant transferred money to C’s financial account in order to repay the principal and interest of the instant loan.

5. On October 16, 200 10. 20. 20. 8. 20. 20. 16. 20. 20. 31,00 on November 17, 200; 312,50 on April 19, 2007; 5. 313,50 on May 31, 2007; 6. 308, 16. 308, 207. 15, 207. 30, 207. 30, 208, 206. 15. 31, 207; 195. 312, 2008; 207. 31, 204, 207.

C. Since then, the Defendant did not pay the loan of this case. C filed a lawsuit against the Defendant on the claim for the loan of this case with Seoul Central District Court 2008Gada292978, and the lawsuit was initiated by service by public notice, and on March 20, 2009, on March 20, 2009, the judgment of the above court that "the Defendant shall pay to C 3,492,569 won and 3,124,250 won with interest rate of 49% per annum from November 15, 2008 to the date of repayment (hereinafter "the judgment of the previous lawsuit of this case"). (The closing date of the pleading is March 20, 2009). The above judgment became final and conclusive on April 16, 209.

On the other hand, C transferred the instant loan claim to the Plaintiff on February 16, 2012. On April 3, 2012, the Plaintiff delegated the notification of the assignment of claims by C and notified the Defendant of the transfer of the instant loan claim by content-certified mail.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 9, and

arrow