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Reasons
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(영문) 서울중앙지방법원 2020.10.21 2019가합565170
양수금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From September 19, 2011 to December 24, 2018, the date of the Defendant’s establishment, C was written as the only internal director on the Defendant’s registry. From March 2009 to December 31, 2018, C was written as the only internal director on the Defendant’s registry, and the Plaintiff was employed as the Defendant’s employee from December 24, 2018.

B. The Plaintiff, the Defendant, and D, transferred to the Plaintiff the claim amounting to KRW 460,00,000,000 among the claim amounting to KRW 760,000,000 against the Defendant of D, and the Plaintiff paid KRW 460,000 to the Industrial Bank of Korea on January 2019 by subrogation, and the Defendant paid to the Plaintiff the interest amounting to KRW 2,30,00,000 per annum from January 20, 2019 (the annual interest amounting to KRW 6%) (hereinafter “instant agreement”). The “instant agreement” was written as of November 13, 2018.

The agreement of this case is written by C as the representative of the defendant, D, and the seal impression of the plaintiff, defendant, and D is affixed thereto.

C. On July 17, 2019, the Plaintiff sent a document verifying the content of claiming the payment of interest under the instant contract to the Defendant. On July 30, 2019, the Plaintiff obtained the content of refusal from the Defendant. On August 1, 2019, the Plaintiff sent a document verifying the content of claiming the payment of interest re-payment to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination:

A. The parties’ assertion asserts that the Plaintiff is obligated to pay interest or delay damages from January 3, 2019, when the Plaintiff subrogated for D’s obligation, since the claim amounting to KRW 460,000,000 against D was transferred to the Plaintiff according to the instant contract.

For this reason,

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