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Reasons
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(영문) 전주지방법원 2014.12.17 2013가합9030
양수금
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1. The defendant shall pay 166,00,000 won to the plaintiff and 20% per annum from January 8, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On July 10, 2010, the Defendant: (a) drafted a certificate of borrowing KRW 130,000,000 (hereinafter “certificate of borrowing as of July 10, 2010”); and (b) drafted a promissory note stating the face value of KRW 130,00,000 in the bill form on the same day.

B. On February 17, 2011, the Defendant drafted each of the loan certificates (hereinafter “the loan certificates of February 17, 201”) with the content of borrowing KRW 10,000,000 from D (hereinafter “the loan certificates of February 17, 201”), and the amount of KRW 30,000,000 on April 4, 201 (hereinafter “the loan certificates of April 4, 201”; and each of the above loan certificates of the above loans of this case “each of the loan certificates of this case”).

C. On January 29, 2013, the Plaintiff acquired D’s loans from D to the Defendant under each of the instant loan certificates (hereinafter “the instant loan claims”) and “a contract for the assignment of claims with the content that is delegated with the authority to notify the fact of the assignment of claims” (hereinafter “the instant contract for the assignment of claims”).

A) Around February 14, 2013, the Defendant notified the Defendant of the instant assignment of claims by content-certified mail. D) Meanwhile, the Defendant repaid D the loan amount of KRW 4,00,000,000, out of the loan amount of KRW 10,000,00,00, four times from March 15, 2011 to June 15, 2011, on four occasions, from March 15, 2011.

2. Determination

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the remainder of KRW 166,000,000,000 (= KRW 130,000,000,000 - KRW 30,000,000 - KRW 4,000,000), and damages for delay, after deducting the amount of KRW 4,00,000 paid to the Plaintiff who acquired the instant loan claim, barring any special circumstances.

B. The Defendant’s assertion and its determination as to the Defendant’s assertion did not borrow KRW 130,000,000 from D on July 10, 2010 from the loan claim of this case, but rather work in entertainment tavern operated by E.

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