(영문) 서울서부지방법원 2020.04.10 2019나31782

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(영문) 서울서부지방법원 2020.04.10 2019나31782

양수금

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 18, 2013 and August 13, 2013, in the name of the Defendant, where Da dental clinic was operated, a sales contract (No. 3-1 and 2) was prepared in the name of the Defendant to purchase a medical device from E Co., Ltd. (hereinafter “E”) on two occasions (hereinafter “E”). The agreement was prepared between F Co., Ltd. (hereinafter “G”) and the Defendant on July 24, 2013 and August 27, 2013, stating that the agreed term of the agreement was 36 months, to pay the purchase price as installment.

B. On or after March 12, 2014, when the installment payments under each of the above installment financing agreements have been overdue, G was treated as having lost the benefit of time by the Defendant and terminated each of the said installment financing agreements around July 7, 2014. G was transferred to H Co., Ltd. on February 23, 2017; the said company, on January 3, 2018, assigned to the Plaintiff claims based on each of the installment financing agreements and all of the rights incidental thereto in sequential order; and around the time of the said assignment, notice of each of the above assignment of claims was sent to the Plaintiff at the domicile of the said “D dental clinic.”

[Reasons for Recognition] 1, 2, 4, 9, 14, 3, 5, 10-1, 2, 3-2, 3-1, 3-2, and 3-1, and 3-2 of the evidence Nos. 10-1, 2, and 3-1, and 2 of the evidence Nos. 10-1, 3-2

2. The parties' assertion

A. First, the Plaintiff asserts that, as the final transferee of the claim based on each of the above installment financing agreements, the delay amount by the Defendant under each of the above installment financing agreements reaches KRW 42,056,208,00,000,000 calculated by adding the interest and the interest in arrears to KRW 24,149,884, the total amount of the principal, and sought payment of the said amount. As to the Defendant’s respective written installment financing agreement

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