(영문) 대구지방법원 2015.01.22 2014나8231 | 리걸엔진

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(영문) 대구지방법원 2015.01.22 2014나8231

양도금반환

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1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. On January 22, 2009, the Plaintiff’s assertion C lent KRW 50 million to the Defendant at a fixed rate of 20% per annum without the due date for repayment. Since C transferred the above loan claim to the Plaintiff on September 27, 2013 and notified the Defendant of the transfer on September 30, 2013, the Defendant is obligated to pay the acquisition amount of KRW 50 million and delay damages to the Plaintiff.

2. The fact that C’s judgment on the cause of the claim paid KRW 50 million to the Defendant on January 22, 2009 is without dispute between the parties.

Furthermore, as to whether the above 50 million won was paid on the ground of a monetary loan for consumption, it is reasonable to believe that Gap's evidence Nos. 1 (a claim transfer and takeover contract), Gap evidence Nos. 2 (a claim transfer notification), Gap evidence Nos. 4 (a claim transfer notification), and Eul evidence Nos. 9 (a claim transfer notification), and J witness of the first instance trial. However, each of the above documents is unilaterally prepared by Eul or the plaintiff, and the testimony of the above J is merely the content of Eul. The testimony of the above J is nothing more than the content of Eul, the evidence such as the loan certificate is not prepared between C and the defendant, and even if the above interest was not paid at all for more than four years from the date of delivery of money, C did not take any particular measure even if the above interest was not paid on April 10, 2013, and only the content-certified mail (a claim No. 4) was sent to the defendant, and there is no need to acknowledge the above fact that the loan No. 50 million won is insufficient.

3. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be revoked and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.

유사 판례

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