(영문) 서울중앙지방법원 2016.11.22 2016가단5037122

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(영문) 서울중앙지방법원 2016.11.22 2016가단5037122

양수금

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1. The defendant shall pay to the plaintiff the amount of KRW 130,326,178 and KRW 23,260,81 among them, from December 7, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. After entering into a loan agreement and credit card transaction agreement with financial institutions listed below, the Defendant lost the benefit of time due to failure to pay the principal and interest of the loan, etc., and calculated the principal and interest at the rate of interest and interest rate for delay from the date when the benefit of time is lost until December 6, 2015, which is the basic date.

B. The non-party financial institutions transferred all of the above claims held against the defendant to the plaintiff, and the plaintiff was delegated with the authority to notify the transfer from the above financial institutions and notified the defendant of the transfer of the claim.

C. The Plaintiff claims reduction of the overdue interest rate by adjusting the overdue interest rate to 17% per annum according to the summary of the management of the trust bond of the National Dental Welfare Fund.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including virtual numbers), and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 17% per annum from December 7, 2015 to the day of full payment, with respect to KRW 130,326,178 and KRW 23,260,811 among them.

3. The defendant's assertion that the defendant did not receive a loan from the non-party dives mutual savings bank (hereinafter "non-party dives bank"), and that the loan was not attributable to the non-party dives mutual savings bank (hereinafter "non-party dives bank"), and that the loan of the non-party dives bank was loaned only in the defendant's name. However, according to the court's reply to an order to submit financial transaction information to Dives mutual savings bank, the non-party dives bank loan was deposited in the defendant's name and the defendant paid the loan in its name. Even if the defendant lent the name to the non-party dives bank, there is no evidence to prove that the non-party dives bank

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