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Reasons
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(영문) 서울중앙지방법원 2014.11.21 2014나45859
양수금
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1. Revocation of a judgment of the first instance;

2. As to KRW 123,063,287 and its KRW 90,00,000 among the Plaintiff, the Defendant shall on January 1, 2013.

Reasons

1. Facts of recognition;

A. On April 19, 2007, B Co., Ltd. (hereinafter “B”) entered into a credit transaction agreement with the Defendant to grant a loan of KRW 90,000,000 at an annual interest rate of 11%, 21%, and due date of payment on April 19, 201 (hereinafter “instant loan agreement”), and lent the said money to the Defendant.

B. On November 23, 2011, the Plaintiff acquired the instant loan contract from B by a decision of the Financial Services Commission on the transfer of contracts under Article 14(2) of the Act on the Structural Improvement of the Financial Industry.

C. The Defendant did not repay the above loan upon the lapse of the due date, and on January 17, 2013, the outstanding principal and interest of 123,063,287 won (=interest of 90,000,000 won and interest of 27,123 won and interest of 33,036,164 won).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 7 (including each number in the case of additional number), the 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 123,063,287 won of the principal and interest of the loan under the loan contract of this case and 90,000,000 won of the principal under the loan contract of this case with the interest rate of 21% per annum, which is the interest rate for delay, from January 18, 2013 to the date of full payment.

3. Judgment on the defendant's assertion

A. 1) The Defendant is a special purpose E company established and operated by B (hereinafter “foreign company”).

(2) The third party directly signed and sealed a loan-related document, such as a written agreement for lending and borrowing money, as the principal obligor or joint guarantor, in order to establish a false declaration of intention and the indication of intention in order to constitute a false declaration of intention.

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