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Reasons
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(영문) 서울중앙지방법원 2015.01.08 2014가합513235
양수금
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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. Judgment on the plaintiff's assertion

A. Facts of recognition 1) The Plaintiff loaned 120,000,000 won interest of 2,00,000 won to C. On November 1, 2013, the Plaintiff agreed with the Defendant as follows (hereinafter “instant agreement”).

A) 【Contract Concerning Transfer of Claim. 【Contract Concerning Transfer of Claim】 The Defendant shall enter into an agreement with the Plaintiff on the acquisition of the loan claim KRW 129,60,000 (debtor C) owned by the Plaintiff: The Defendant shall reimburse the Plaintiff of KRW 100,00,000 out of the above amount, and the down payment of KRW 20,000,000,000,000,000, which is the contract date, shall be paid by November 30, 2013. The performance content of C shall be repaid in installments to the Plaintiff by November 15, 2014, excluding the remainder of KRW 100,000,000,000, which is the remainder of the repayment performed by the Defendant (Provided, That where C is unable to comply with it, the Defendant shall reimburse by no later than January 17, 2014 (Provided, That it shall be repaid by no later than January 17, 2014).

(2) On November 1, 2013, the Defendant paid KRW 20,000,000 to the Plaintiff on November 15, 2014, and C did not pay KRW 29,60,000 to the Plaintiff by January 15, 2014.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

B. According to the facts of the above recognition, the Defendant is obligated to pay the Plaintiff the transferred money of KRW 109,60,000 (i.e., KRW 129,600,000 - the paid down payment of KRW 20,000) under the instant agreement and the delay damages therefrom, barring any special circumstances.

2. Judgment on the defendant's assertion

A. The defendant asserted that the contract of this case was revoked by deception or mistake and the counterclaim was asserted by the 1st defendant, and the defendant entered into the agreement of this case to receive interest based on the profits of the restaurant operated by C from C, and entered into the agreement of this case at the time of conclusion.

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