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(영문) 대전지방법원천안지원 2020.08.28 2020가합127
대여금 등
Text

1. The defendant shall pay 250,000,000 won to the plaintiff and 12% per annum from January 23, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. C on February 13, 2012, the Defendant loaned KRW 500,000,000 to the Defendant at interest rate of KRW 2.5% per month and on February 17, 2012 (hereinafter “the instant loan”).

B. C entered into a contract with the Plaintiff on July 28, 2016 that transfers KRW 250,000,000 out of the instant loan claims to the Plaintiff.

C notified the Defendant of the above assignment of claims by content-certified mail on the same day, and on August 1, 2016, the above notification (hereinafter the notice of assignment of claims of this case) was delivered to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Gap evidence 4-1, 2, Gap evidence 5, Eul evidence 5, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from January 23, 2020 to the day of full payment, which is obviously 12% per annum as the date following the delivery date of the original copy of the instant payment order, as sought by the Plaintiff, after the arrival date of notification of the transfer of claims to the Plaintiff.

3. Judgment on the defendant's assertion

A. The allegation C received the Defendant’s claim for the instant loan claim against the Defendant’s non-party D apartment house maintenance association (hereinafter “non-party association”) a seizure and collection order, and thereafter received the instant loan claim upon receiving a favorable judgment by filing a lawsuit claiming the collection amount against the non-party association.

Ultimately, since the loan claim of this case had already been extinguished, the plaintiff cannot accept the plaintiff's claim.

B. Examining the reasoning of the judgment, as to each of the evidence Nos. 6, 6, and 1 and 5, C added the purport of the entire pleadings to each of the statements in the evidence Nos. 1 and 5, on February 23, 2012, based on a notarial deed prepared by this Court No. 2012T No. 1173 concerning the instant loan claim, the Defendant’s 504,060,170 out of the Defendant’s service charge claim against the Nonparty Cooperative (hereinafter “instant service charge claim”).

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