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(영문) 서울중앙지방법원 2017.05.31 2016가단142272
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 70,750,214 as well as KRW 29,68,602 as well as the amount of KRW 29,68,602 from April 20 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap evidence No. 1-3 and evidence No. 7, the defendant extended a loan of KRW 70 million at the rate of 36 months from the Dongyang Life Insurance (ju), the interest rate of KRW 18% per annum, and KRW 29 million per annum from July 27, 2010, and the compensation for delay was 29% per annum. At that time, Eul and C guaranteed the defendant's joint and several liability; ② Yang Life Insurance transferred the above claim to the plaintiff on August 20, 2012; ② on October 22, 2015, the defendant notified the defendant of the assignment of the claim by way of content-certified mail; ③ the defendant lost the interest under the above loan agreement due to delay in payment of the loan; and ③ the defendant may recognize the existence of KRW 70,750,714, including interest, etc. as of April 19, 2017.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 29% per annum from April 20, 2017 to the date of full payment, which is the day following the final calculation of interest for the total amount of KRW 70,750,214 and KRW 29,68,602 among the above amounts, to the day of full payment.

2. The defendant's assertion argues that since the above loan was deposited into D Co., Ltd., which is not related to the defendant and used as operating fund, the plaintiff's claim cannot be complied with.

However, comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 3-4, the defendant, at the time of the above loan, delegated the loan to D Co., Ltd. (Co., Ltd., Ltd., E before the change; hereinafter "D") to the national bank account (F) in the name of D, and the Dongyang Life Insurance Co., Ltd., Ltd., at the time of the loan, remitted the loan to the above account in accordance with the above delegation agreement attached to the loan.

On the other hand, even if D has appropriated D's loans as funds for the operation of the company as the defendant's assertion, such circumstance alone cannot serve as a ground for preventing the exercise of rights by the Plaintiff, a creditor of the Dongyang Life Insurance (State) or a creditor.

Therefore, the defendant.

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