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(영문) 광주고등법원 2015.02.04 2014나3091
양수금
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Scope of adjudication of this court;

A. In the first instance court, the Plaintiff’s parent E, and C lent to the Defendant the amount of KRW 160 million around November 1994, and KRW 100 million around February 7, 2005, respectively, to the Defendant. The Defendant did not pay KRW 70 million out of the loans, ② KRW 65 million out of the loans. After E’s death, the Plaintiff asserted that on December 24, 2013, C transferred each of the above loans that the Defendant had not repaid to the Plaintiff, and that on December 24, 2013, C transferred each of the above loans that the Defendant paid to the Plaintiff.

B. The court of the first instance accepted the Plaintiff’s claim for the amount of unpaid payment of KRW 65 million and its partial interest and damages for delay, and dismissed all the claims on the remainder of KRW 70 million in unpaid payment of KRW 70 million.

C. As to this, only the Plaintiff appealed against the judgment on the part of the claim for interest and delay damages on the non-payment amounting to KRW 70 million and the part of the claim for interest and delay damages, the subject of the judgment by this Court is limited to the claim for the non-payment amount.

2. The plaintiff's assertion

A. The Plaintiff’s mother, around November 1994 (the first instance court claimed that it was around May 10, 1995 or around May 10, 1999), lent KRW 160 million to the Defendant, and repaid KRW 90 million from the Defendant on December 1, 1998 and on June 30, 1998 (the first instance court claimed that it was around February 9, 200 or June 2005), the remaining loan of KRW 70 million was paid with interest of KRW 3% per month, and in relation to this, the Plaintiff agreed to receive KRW 160,000 from the Defendant on May 17, 2005 as evidence for the loan (the evidence of this case was referred to as “the loan certificate”).

B. On December 24, 2013, C transferred the above loan claims against the Defendant to the Plaintiff, and notified the Defendant of the assignment of claims on December 27, 2013.

C. Therefore, the defendant is liable to pay the remaining loan amounting to KRW 70 million and interest thereon to the plaintiff.

3. Determination

A. The Defendant issued the instant loan certificate to C on May 7, 2005.

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