(영문) 대구지방법원 2015.07.02 2014나14694

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(영문) 대구지방법원 2015.07.02 2014나14694

대여금등

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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. Facts of recognition;

A. The Defendant, on November 23, 2009, borrowed KRW 1,500,00 from the Spans Co., Ltd. (hereinafter “Spans”) at 2% of interest per month, and agreed to pay KRW 200,000 per three installments on November 27, 2009, and KRW 500,000 on December 15, 2009, and KRW 500,000 on December 30, 2009. In addition, the Defendant agreed to pay KRW 200,000 per month for office usage fees from December 16, 2009.

B. Around September 2013, 2013, Spankis transferred the above loans and office fees of KRW 9,500,000 [1,50,000 + 8,000,000 + [200,000 + 40 months [40 months (from December 16, 2009 to April 16, 2013], which the Plaintiff has against the Defendant, and delegated the Plaintiff with the authority to notify the assignment of claims.

C. On September 23, 2013, the Plaintiff notified the Defendant of the assignment of claims, and the said notification was served to the Defendant at that time.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence 1 and 2, and the ground for appeal

2. According to the facts found in the judgment as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 9,500,000 and damages for delay calculated by the rate of 24% per annum from December 31, 2009 to the date of full payment, with respect to KRW 8,00,000, calculated by the agreement rate of KRW 24% per annum from December 31, 2009 to the date of full payment. From April 17, 2013 to November 18, 2013, the delivery date of the original copy of the instant payment order, the amount of KRW 5% per annum under the Civil Act, and the damages for delay calculated by the rate of 20% per annum from the next day to the date of full payment.

3. The Defendant’s assertion and judgment stated in the Defendant’s assertion and the Defendant agreed to exempt the above loans and office usage fees when establishing a achieved Skacker’s branch office at the expense of the Defendant, and accordingly, the Defendant established the achieved Skacker’s branch office at its own expense, thereby failing to comply with the Plaintiff’s claim.

However, from No. 1 to No. 5, the defendant is the only entry of No. 5.

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