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(영문) 서울중앙지방법원 2017.02.16 2015가단5385367
양수금
Text

1. The defendant shall pay to the plaintiff KRW 36,417,392 and KRW 20,890,938 among them, from October 13, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 21, 2003, the National Agricultural Cooperative Co., Ltd. (hereinafter referred to as the “Non-Party Agricultural Cooperative Co., Ltd”) as the Defendant’s father prepared a loan transaction agreement (Evidence 1-1-2), an additional agreement (Evidence 1-2) to grant a loan to the Defendant at the interest rate of KRW 7.7% per annum on March 28, 2013, and the interest rate of KRW 15% per annum on delay (or at the interest rate of KRW 9.5% where the overdue period is at least three months), with a period of KRW 40 million as the Defendant’s father.

(hereinafter referred to as the above loan transaction agreement, and a loan agreement under an additional agreement, are “the instant loan agreement,” and “a loan thereafter,” b.

On June 28, 2013, the Plaintiff acquired the instant loan claims from Nonparty Nonghyup AF and was delegated with the authority to notify the assignment of claims, and notified the Defendant of the assignment of claims on October 13, 2015.

C. As of October 12, 2015, the instant loan claim remains in the state where the sum of KRW 20,890,938, and interest for delay 15,526,454, plus KRW 36,417,392 was unpaid.

[Ground of recognition] Unsatisfy, entry of Gap's 3 and 4, witness C's testimony, purport of whole pleadings

2. Summary of the parties' arguments

A. On March 21, 2003, Nonparty No. 1 entered into the instant loan agreement with the Defendant himself/herself or the Defendant’s father who represented by the Defendant and lent KRW 40 million to the Defendant. As such, the Defendant is obligated to pay the remaining loans and damages for delay to the Plaintiff who acquired the said claim. 2) Even if Nonparty No. 2 entered into the instant loan agreement on behalf of the Defendant without obtaining the power of representation from the Defendant, the Defendant is obligated to pay the Plaintiff the said loans and damages for delay by ratification of the apparent representation liability or the unauthorized representation liability under Article 126 of the Civil Act.

B. The defendant's assertion that all documents prepared at the time of the loan agreement of this case are the father of the defendant.

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