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Reasons
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(영문) 서울중앙지방법원 2017.11.22 2017가단5053466
양수금
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1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from March 24, 2017 to the day of complete payment.

Reasons

1. The parties' assertion

A. The Plaintiff has a claim for a loan of KRW 150 million to Plaintiff C.

C In order to repay the above debt, C transferred 70 million won to the defendant, and completed the notification of the assignment of the claim.

money to be received shall be claimed.

B. Although Defendant C did not actually pay a full amount by showing that it was to son, he prepared a loan certificate as of October 28, 2015, and the transfer certificate was written to show to C’s creditors.

C Borrowing money from C is only KRW 40 million, and there is no money to repay.

2. Facts of recognition;

A. On January 6, 2017, the Plaintiff: (a) on October 28, 2015, transferred a loan claim of KRW 70 million as indicated in the loan certificate (attached Form) to the Plaintiff; (b) on January 11, 2017, notified the Defendant of the assignment of the claim; and (c) around that time, the Defendant was notified of the assignment of the claim.

B. C and the Defendant’s monetary transaction 1) around 1997, C were aware of the fact that they were living in the Dong and Dong, such as the Defendant. 2) The Defendant is the head of home, and the Defendant borrowed money from C from time to time due to the birth’s business.

3) From April 7, 199 to December 9, 2002, the sum of the amounts transferred from D, which is the husband of C or C, to the Defendant’s father and the Dong living account is KRW 90,614,400, and the amount transferred by the Defendant to C during the same period is KRW 164,110,00. The Defendant’s loan certificate is KRW 1) to C, and KRW 100,000,00 on April 6, 1999, ② KRW 10,000,00 on April 6, 199, ② KRW 6,000,30,000 on September 28, 199, ④ KRW 200,000 on September 28, 199, ⑤ KRW 300,000 on September 1, 199, and KRW 300,500 on September 1, 2005.

In any event, I would be subject to any punishment.

“The letter was drawn up and drawn up.”

2) On October 28, 2015, the Defendant prepared and awarded a separate loan certificate to C on October 28, 2015. D. The Defendant was the Plaintiff and C on January 6, 2017.

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