(영문) 부산지방법원 2018.10.19 2018나1305 | 리걸엔진

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(영문) 부산지방법원 2018.10.19 2018나1305

대여금

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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 November 8, 2007, the Plaintiff lent KRW 15,000,000 to the Defendant, setting the interest rate of KRW 30% per month and the due date of payment as February 8, 2008.

(hereinafter “instant claim”). (b)

On November 8, 2007, the Plaintiff and the Defendant concluded a mortgage agreement on a building listed in the separate sheet owned by the Defendant with respect to the instant claim. On the same day, the establishment registration of the mortgage was completed over KRW 19,500,000 for the said building.

C. In relation to the instant claim, a notice of assignment of claims was prepared to the effect that “the Plaintiff transferred the instant claim to C on June 20, 2013,” and the Plaintiff notified the Defendant of the said assignment of claims by way of content-certified mail on June 21, 2013.

With respect to the instant claim, C prepared a notice of assignment of claims stating that “C transferred the instant claim to the Plaintiff on July 30, 2013,” and C notified the Defendant of the said assignment by content-certified mail on the same day.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 4, 5, and 6 (including branch numbers, if any) and the purport of the whole pleadings

2. According to each of the above facts of recognition as to the cause of the claim, since the plaintiff transferred the claim of this case to C and again received the claim of this case from C, the defendant is obligated to pay to the plaintiff 15 million won and 15% interest per annum from August 5, 2008 to the date of full payment.

3. The defendant's assertion is alleged to have repaid all of the claims of this case to the plaintiff on October 21, 2008, so it is not sufficient to accept the defendant's assertion on the sole basis of the evidence Nos. 1, 2, and 4, and there is no other evidence to acknowledge it.

The defendant's above assertion is without merit.

4. Conclusion, the plaintiff's claim against the defendant is justified, and it is accepted.

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