양수금
1. As to Plaintiff A’s KRW 152,250,00, and KRW 197,750,000 to Plaintiff B, and each of the said money from April 13, 2019.
1. Basic facts
A. D, on December 30, 2016, remitted to the Defendant KRW 150 million, and KRW 200 million on August 25, 2017, respectively, and D and the Defendant, on August 25, 2017, drafted a certificate of borrowing that the Defendant borrowed KRW 350 million from D from August 25, 2017 to October 24, 2017 (hereinafter “the instant certificate of borrowing”).
B. On February 21, 2019, D transferred a loan claim of KRW 350 million on the instant loan certificate (hereinafter “claim of this case”) to the Plaintiffs (hereinafter “claim of this case”). On the same day, D notified the Defendant of the transfer on the same day (Plaintiff A43.5%, Plaintiff B56.5%), and the above notification was issued to the Defendant around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the Plaintiff’s claim, the Defendant is obligated to pay the Plaintiff KRW 150,2250,000 to the Plaintiff (i.e., KRW 350,000 x 43.5%), KRW 19,750,000 to the Plaintiff B (i.e., KRW 350,000 x 56.5%) and damages for delay from April 13, 2019 to May 31, 2019, under the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc. (amended by Presidential Decree No. 29768, May 21, 2019) to the Plaintiff, the transferee of the instant claim, to the Plaintiff at the annual rate of KRW 15,575,000,000, respectively.
[Plaintiffs claim payment of damages for delay at the rate of 15% per annum from the day following the delivery of a duplicate of the instant complaint to the day of full payment. However, the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019); Enforcement of June 1, 2019; Article 2(2) of the Addenda of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is the statutory interest rate on June 1, 2019.