logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.08.22 2018가단10998
양수금
Text

1. The defendant shall pay 148,00,000 won to the plaintiff and 20% per annum from March 9, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. A. Around July 22, 2014, Nonparty C lent KRW 148,00,000 to the Defendant. Nonparty C died in around 2015 by Nonparty C, and Nonparty C’s heir has children D and E (Inheritance shares 1/2).

B. On August 13, 2015, the Defendant drafted a monetary loan agreement stating that “The Defendant borrowed KRW 148,00,000,000 from C at an interest rate of 9% per annum on July 22, 2014, and shall repay it until November 30, 2015. If the payment is delayed, the Defendant shall pay damages for delay calculated at the rate of 20% per annum on the borrowed amount.”

C. From August 25, 2015, the Plaintiff, the external third village of D and E, to D and E.

8. Around September 12, 2017, when a sum of KRW 80,00,000 had been lent to the Defendant and had not been repaid, the above loan claims against the Defendant were acquired from D and E. On February 12, 2018, the notice of assignment of claims and the contract for the transfer of claims in the name of E and D were sent to the Defendant by content-certified mail, and the said mail reached the Defendant around that time.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 7 through 9, the purport of the whole pleadings

2. The assertion and judgment

A. The defendant's judgment on the defendant's main defense was received a loan claim from D and E for the purpose of bringing a lawsuit in this case, which constitutes a trust in a lawsuit, and thus, the lawsuit in this case is unlawful. However, there is no evidence to acknowledge the defendant's assertion, and this part of the claim is without merit.

B. According to the above facts of the judgment on the merits, the defendant is obligated to pay the above loans to the plaintiff who acquired the loan claims from D and E, the inheritor of C.

Therefore, the Defendant’s loan amounting to KRW 148,00,000 (i.e., loan amounting to KRW 74,000,000,000) (i.e., loan amounting to KRW 74,000) that was received from the Plaintiff, and the record is the day following the date on which the original copy of the instant payment order was served on the Defendant as sought by the Plaintiff.

arrow