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(영문) 광주지방법원 2016.09.23 2015가합4063
양수금
Text

1. The Defendant’s KRW 585,00,000 as well as the Plaintiff’s annual rate of KRW 6% from November 8, 2015 to July 14, 2016.

Reasons

1. Facts of recognition;

A. A natural flus farming association (hereinafter “natural flusing farming association”) respectively lent KRW 30,000,000 to the Defendant on April 2, 2012, KRW 5,000,000 on April 26, 2012, and KRW 550,000,000 on May 23, 2012.

(2) The Defendant, on October 22, 2015, led to the confession that the Defendant borrowed KRW 550,00,000 from natural flusss, which was deemed to have been made a statement at the first date for pleading, on May 23, 2012, and asserted that the Defendant revoked the confession in the briefs as of June 9, 2016, which was made a statement at the third date for pleading. However, it is insufficient to recognize that the Defendant’s confession was against the truth and due to mistake, and there is no other evidence to acknowledge that the confession was made due to the fact that the Defendant’s confession as of June 9, 2016, which was made a statement at the third date for pleading.

On July 2015, the Plaintiff acquired the instant loan claim against the Defendant from natural fluss.

C. On September 11, 2015, natural displayers notified the Defendant of the above assignment of claims by content-certified mail, which reaches the Defendant on September 15, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 2, 5 evidence, purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 585,000,000 and the damages for delay calculated at the rate of 15% per annum under the Commercial Act from November 8, 2015 to July 14, 2016, the delivery date of a copy of the purport of the instant claim and the application for modification of the cause of claim sought by the Plaintiff from November 8, 2015, which is the day following the due date of repayment of the instant loan obligations, barring special circumstances.

The Plaintiff claimed damages for delay from May 24, 2012, which is the day following the last lending date, but there is no evidence to acknowledge that the Plaintiff agreed between natural flus and the Defendant for the repayment of the instant loan obligations.

2.2

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