(영문) 수원지방법원 2016.02.05 2015나12922

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(영문) 수원지방법원 2016.02.05 2015나12922

양수금

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In full view of the reasoning of the argument as to the cause of the claim No. 1, the following facts: ① A filed a lawsuit against the Defendant for payment of a promissory note with the Seoul District Court on July 9, 1997, and rendered a judgment that “The Defendant shall pay to C 30,000,000 won, and the amount equivalent to 6% per annum from February 23, 1997 to June 28, 1997, and the amount equivalent to 25% per annum from the following day to the full payment date,” and the judgment becomes final and conclusive on August 17, 1997; ② the Plaintiff acquired the claim within the period of the above judgment (hereinafter “instant claim”) from C around February 13, 204 to the Defendant on February 17, 204.

According to the above facts, the defendant is obligated to pay to the plaintiff 30,000,000 won and damages for delay from February 23, 1997. The damages for delay from November 1, 2005, to November 1, 2005, when a copy of the complaint of this case was served, shall be 63,251,505 won [=62,630,000 won x 0.06 x 0.06 x 126 days / 365 days] (=30,000,000 x 0.25 x 30,000 x 30,000 x 30.25 x 3048/365 days). Thus, the amount of the claim of this case as of November 1, 2005, shall be 93,251,505 won.

However, since the Plaintiff claims for the payment of KRW 86,00,000 and its delay damages from November 2, 2005 to the Defendant, according to the Plaintiff’s claim, the Defendant is obligated to pay the Plaintiff 86,000,000 won and its delay damages at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from November 2, 2005 to the date of full payment.

2. Judgment on the defendant's defense

A. The Defendant’s defense of repayment, around 1996, lent KRW 30,000,000 to the Defendant who was a real estate lessee, and the Defendant repaid KRW 30,000,00 to C around April 24, 1996, and thus, there is no defense to the effect that the instant claim does not exist.

According to the statement of No. 1, the defendant No. 1, the defendant No. 24 of April 24, 1996.

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