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Reasons
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(영문) 부산지방법원 2020.05.27 2019나54603
양수금
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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The defendant's school loan 1) The defendant on July 11, 2001 B Co., Ltd. (hereinafter "B")

(3) The Plaintiff agreed to receive KRW 5,000,000 as school expenses and agreed to repay the principal and interest in installments for a period of 12 months from the date of the loan (hereinafter “instant loan”).

2) Then, the Defendant lost the benefit of time by delaying the duty to repay the principal and interest of the instant loan in installments.

B. B’s transfer process of bonds 1) B is February 1, 2004 C Co., Ltd. (hereinafter “C”).

(2) The principal of the instant loan remains 3,412,743 won as of March 31, 2005. However, on May 13, 2005, C transferred the principal and interest of the instant loan to D Limited Liability Company (hereinafter “D”) and notified the Defendant of the said assignment by content-certified mail on June 16, 2005.

3) On January 26, 2018, D transferred the instant claim to the Plaintiff and delegated the Plaintiff with the authority to notify the assignment of the claim. Accordingly, on May 3, 2018, D notified the Plaintiff of the fact of the assignment of the claim by content-certified mail. D applied for a payment order against the Defendant before transferring the instant claim to the Plaintiff. On the other hand, D applied for a payment order to the Changwon District Court for the payment order against the Defendant before transferring the instant claim to the Plaintiff. The Defendant filed an objection against the payment order (the same court No. 2007Da41547), and the said court rendered a judgment on January 19, 2009 with respect to KRW 5,870,498, and KRW 3,412,743 among them, as calculated at the rate of 17% per annum from October 13, 2007 to the date of full payment (hereinafter “instant judgment”).

2) The Defendant appealed against the judgment of the previous suit of this case (the Changwon District Court Decision 2009Na3122, the appellate court rendered a ruling of recommending reconciliation with the purport of withdrawing the Defendant’s appeal on June 12, 2009, and the said ruling of recommending reconciliation.

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