logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.05.21 2014나45234
대여금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay 200,000,000 won to the intervenor succeeding to the plaintiff and its corresponding amount.

Reasons

1. Facts of recognition;

A. On December 8, 2010, the Plaintiff agreed to lend KRW 200 million to the Defendant as of January 7, 201, and transferred KRW 200 million to the Defendant’s Agricultural Cooperative Account on the same day.

(hereinafter referred to as the “instant loan”) b.

An intervenor, based on the executory exemplification of a notarial deed with a promissory note No. 39 of 2014, which was executed by a notary public, was issued by the intervenor, the debtor, the plaintiff, the garnishee, and the third debtor as KRW 396,025,30 on September 11, 2014, based on the executory exemplification of a notarial deed with a promissory note No. 39 of 2014, which was executed by a notary public, as the Suwon District Court 2014, Sept. 11, 2014. The intervenor was issued an order of seizure and assignment of the above amount until the above amount of the loans out of the loans extended by the plaintiff against the defendant in accordance with the instant lawsuit against the defendant, and the written decision reached the defendant

[Ground of recognition] Facts without dispute, Gap evidence 1, 14, 15, Eul evidence 10-1 and 2, the purport of the whole pleadings

2. According to the facts found in the judgment as to the Intervenor’s cause of claim, the Defendant at the time of the above assignment order: (a) was obligated to pay the Plaintiff the interest and interest on the loan within the limit of KRW 200 million from January 8, 2011 to November 8, 2013, which was clearly indicated in the record that the date of service of the instant payment order from the date following the maturity date to November 8, 2013; and (b) annual 20% from the following day to the date of full payment; and (c) calculated that the Intervenor’s claim amount of the above assignment order exceeds the amount of the instant loan amount; and (d) the Intervenor’s claim amount of KRW 396,025,300 was entirely transferred to the Intervenor pursuant to the above assignment order; and (e) the Defendant is obligated to pay the principal and interest on the loan within the limit of KRW 396,025,300 to the Intervenor

3. Judgment on the defendant's defense

A. The defendant (1) asserted by the parties, the defendant (A)'s defense of repayment is KRW 200 million borrowed from the plaintiff.

arrow