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(영문) 서울중앙지방법원 2020.11.11 2019나81300
양수금
Text

1. Revocation of the first instance judgment.

2. The Defendant shall complete the Plaintiff’s payment of KRW 8,141,669 and its payment from January 26, 2017.

Reasons

1. Facts of recognition;

A. C Co., Ltd (hereinafter referred to as “C”) made a loan to the Defendant on January 17, 2014 (hereinafter referred to as “loan claim of this case”) by providing that the Defendant shall pay the Defendant a monthly interest rate of KRW 20,000,000,000 at the rate of interest and overdue interest rate of KRW 27.9% per annum on May 16, 2014; and on January 17, 2017 as of January 17, 2017; and promptly pay the principal and interest of each month in installments when repayment is delayed (hereinafter referred to as “the loan contract of this case”); and hereinafter referred to as “the agreement of this case”).

B. However, from January 25, 2017, the Defendant delayed payment of the principal and interest of the instant loan claim to C.

C. On May 26, 2017, C transferred the claim for the instant loan to the Plaintiff, and the Plaintiff delegated by C was notified of the assignment of the claim to the Defendant around that time.

As of January 25, 2017, the remaining principal of the loan claim of this case is KRW 8,141,669.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, and the result of this court's order to submit financial transaction information to Eul corporation

2. Determination

A. The following circumstances revealed in accordance with the above evidence and the purport of the entire pleadings, namely, ① the instant loan agreement is an agreement by which additional loans or re-loans can be made without preparing a separate contract after full payment within the period from the date of loan to the maturity date; ② C prepared a loan transaction agreement with the Defendant on January 7, 2014; ③ thereafter, the Defendant has been additionally transferred KRW 10,000,000 from C on May 16, 2014 without preparing a separate contract after taking full account of the following circumstances: (a) the instant loan agreement is an agreement by which additional loans or re-loans can be made after full payment within the period from the loan to the maturity date; and (b) C made a loan transaction agreement with the Defendant on January 7, 2014; and (c) thereafter, it is reasonable to deem C loaned KRW 20,000,000 to the Defendant under the instant loan agreement.

B. Therefore, the Defendant entered into an agreement with the Plaintiff, the transferee of the instant loan claim, as to KRW 8,141,69 of the remaining principal amount of the instant loan claim, and the following day from January 26, 2017 to the date of full payment.

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