양수금
1. Revocation of the first instance judgment.
2. The Defendant’s KRW 8,893,829 and KRW 2,191,385 among the Plaintiff’s KRW 8,893,829 and the Plaintiff’s KRW 2,191,385.
Comprehensively taking account of Gap evidence Nos. 1 through 5 as to the cause of the claim, Solomon Mutual Savings Bank filed a lawsuit against the defendant with the Seoul Central District Court 2007da1118694 and received the judgment of March 27, 2007 that "the defendant shall pay the defendant 4,876,210 won to Solomon Mutual Savings Bank and 2,191,385 won which are calculated at the rate of 19% per annum from October 19, 2006 to the day of full payment." Solomon Mutual Savings Bank shall transfer its claim against the defendant on December 10, 2009 to the plaintiff and notify the defendant of the assignment of its claim on May 4, 2017; the amount of the claim against the defendant as of February 9, 2017 to the defendant shall be recognized as the total of the principal, 191, 384, 289 won, 488, 298
Therefore, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum, which the Plaintiff seeks from February 9, 2017 to the date of full payment, with respect to KRW 8,893,829 and KRW 2,191,385 among them, within the scope of the rate of delay damages in the previous judgment.
In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion, and it is so decided as per Disposition by the defendant to cancel it and order its payment.