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(영문) 서울고등법원 2017.04.25 2016나2049724
대여금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On October 24, 2014, C drafted a claim transfer and takeover contract with the purport that “C transfers all of the loan claims 160 million won and interest thereon (including interest in arrears) it owns against the Defendant to the Plaintiff, a grandchild.”

(hereinafter the above assignment contract of claims is referred to as “the instant assignment contract”). B.

On October 31, 2014, the Plaintiff was delegated with the authority to notify the above assignment of claims by C, and notified the Defendant of the above assignment of claims.

C. C died on November 1, 2014.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3 (including branch numbers, if any; hereinafter the same shall apply) and the purport of whole pleadings

2. The party's assertion and judgment

A. 1) The summary of the Plaintiff’s assertion (1) C of the Plaintiff’s assertion (1) determined 2% of interest per month on several occasions at the time of the instant assignment of claims. The total amount of the loan claims that C had held against the Defendant was KRW 160 million.

(2) C transferred to the Plaintiff the “all of the loan claims and interest claims against the Defendant” through the instant assignment contract.

(3) Therefore, the Defendant is obligated to pay to the Plaintiff KRW 150 million, within the scope of the acquisition amount under the instant contract for the assignment of claims, and interest and delay damages thereon.

B) The summary of the Defendant’s assertion C lent the above money to F, a partner of the Defendant’s East (E). The Defendant received money from C for the convenience of C, and transferred it to F, or received interest from F, and remitted it to C. In other words, the Defendant only arranged for lending money to F, or did not receive the above money from C, and there was no loan from C. 2) judgment. The facts and evidence as seen earlier, and evidence as well as Nos. 4 through 12.

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