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(영문) 대구고등법원 2018.04.25 2017나24251
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 30, 2003, the Plaintiff lent KRW 250 million to the Defendant 20 million on a monthly basis and without due date.

B. After December 21, 2006, the defendant issued a loan certificate to the plaintiff on December 21, 2006, stating that the defendant would make a repayment at a prompt time.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence No. 1, and the ground for appeal

2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff interest and delay damages calculated at the rate of 20 million won per annum from December 30, 2003 to September 30, 2015, and 15% per annum from the following day to the date of full payment, as the Plaintiff seeks, within the scope of interest calculated at the rate of 2% per month, which is the agreed interest rate for the above loan of KRW 250 million, and interest and delay damages.

3. Judgment on the defendant's assertion

A. As to the assertion on the assignment of claims, the Defendant: (a) on October 11, 2016, the Plaintiff extended the above loan to the Defendant (hereinafter “the instant loan claim”) against the Defendant.

1) Gyeong Concencencencencencencencencencencencensh Co., Ltd.

(2) Since the Plaintiff transferred the assignment to the Defendant and notified the Defendant of the assignment of the assignment, the Plaintiff asserts that the claim in this case is no longer in the capacity of the obligee, and the obligor cannot respond to the claim in this case. (2) The notification of the assignment of the assignment of the assignment is a notification of the concept informing the obligor that the transferor transferred the claim in question to the obligor, and the provision of legal act by proxy is also applied mutatis mutandis to the notification of the concept. Therefore, the notification of the assignment of the assignment of the assignment of the assignment of the assignment may not be made either through the transferor or by the agent

Therefore, it cannot be deemed that the provisions of Article 450 of the Civil Code are violated, and there is a reason to prohibit it otherwise.

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