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(영문) 서울북부지방법원 2019.11.19 2019나33751
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 31, 2015, the Defendant entered into a credit transaction agreement (hereinafter “instant credit transaction agreement”) with C Co., Ltd. (hereinafter “C”) and received KRW 29.5 million from C to D’s account (F) requested by the Defendant for deposit.

(h) Amount applied for loan: Interest rate of KRW 29.5 million: 21.9% per annum: The time and method of payment of interest on the relevant date of loan: Payment on the date of repayment of the divided principal or the date of payment of the monthly reserve;

B. The remainder of the principal at the time of May 31, 2017 under the instant credit transaction agreement is KRW 27,256,534 and the remainder interest is KRW 10,152,172.

C. On June 15, 2017, C entered into an asset acquisition agreement between the Plaintiff and the Plaintiff to transfer a loan claim under the instant credit transaction agreement (on May 31, 2017, the date on which the credit claim becomes final and conclusive) and notified the Defendant of the fact of transfer.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, and 6, the purport of the whole pleadings

2. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the principal and interest of KRW 37,408,706 under the instant credit transaction contract that the Plaintiff acquired (i.e., the remaining principal and interest of KRW 27,256,534 as of May 31, 2017) and interest calculated at the rate of 21.9% per annum for the principal and interest of KRW 27,256,534 from June 1, 2017 to the date of full payment.

In this regard, the defendant tried to purchase a vehicle via a used vehicle dealer, but it is demanded to replace it with a small vehicle due to the lack of various circumstances, and returned the existing vehicle to C and a used vehicle dealer, and declared that the monetary problem has been terminated, and thus, the credit transaction contract of this case does not exist any obligation under the credit transaction contract of this case.

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