(영문) 서울중앙지방법원 2016.06.29 2015나63304

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(영문) 서울중앙지방법원 2016.06.29 2015나63304

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. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 4, one Bank (hereinafter "I Bank") may recognize the fact that on June 21, 2004, the Plaintiff was given a loan of KRW 60,000,000 to the Defendant on November 30, 2008, with the due date specified. The Plaintiff received the above claim from Han Bank on June 28, 2013 and was delegated with the power to notify the assignment of the claim and notified the Defendant of the assignment of the above claim on June 23, 2014. The sum of principal and interest of the above claim as of May 12, 2015 is KRW 23,230,000,000, and the Plaintiff applied the interest rate of KRW 17% per annum after the due date for delay.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 23,230,786 and the amount of KRW 6,00,00,00,00 from May 13, 2015 to the date of full payment.

2. The defendant's argument regarding the defendant's assertion is that he is a member of the C-building Housing Association established to promote a reconstruction project in Yangcheon-gu Seoul Forest, and that the head of the above association and the executor have no choice but to inevitably ratified the conclusion of the loan contract of this case as an intermediate payment loan for the apartment that the defendant would purchase from the above association without the defendant's consent. Since then, although the defendant discovered and became aware of serious problems between the representative director of the executor company and the president of the association, it was neglected by the bank, and the above apartment was sold by auction and caused damages caused to the defendant's property right by being lost due to the reason attributable to the above association regardless of the defendant. Therefore, it is reasonable that the plaintiff who acquired the claim of one bank, who is responsible for the damages or expansion of the defendant, seeks payment of the principal and interest

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