beta
(영문) 서울동부지방법원 2015.06.02 2015가합1695

양수금

Text

1. The defendant shall pay C and each plaintiff KRW 300,000,000 and 6% per annum from May 1, 2003 to October 26, 2004.

Reasons

1. Indication of claim;

A. On December 23, 2002, D received, from the Defendant, a promissory note with a face value of KRW 300,000,000 at face value, from the issuer, the Defendant, and the place of payment on January 29, 2003, respectively, Seoul, and the place of payment. On April 14, 2003, D received from C a promissory note with a face value of KRW 300,000,000 at face value, C, the issuer, the date of payment, the place of payment, and the place of payment, respectively.

D Thereafter, each of the above promissory notes was presented to the Defendant and C on each payment date, but the Defendant and C did not pay each of the said promissory notes.

B. D filed a lawsuit against the Defendant and C seeking the payment of each of the aforesaid promissory notes and damages for delay as Seoul Central District Court Decision 2004Da147243.

The above court accepted D's claim and sentenced D' on October 26, 2004, "the defendant and C shall pay to each party D 300,000,000 won with 6% per annum from May 1, 2003 to October 26, 2004, and 20% per annum from the next day to the day of full payment." The judgment became final and conclusive on November 16, 2004.

C. On July 4, 2013, the Plaintiff acquired each claim against the Defendant and C, which became final and conclusive by the said judgment, and obtained the power of representation regarding the notice of transfer.

On December 4, 2013, the Plaintiff notified the Defendant and C of the assignment of claims, respectively, and the notification reached both the Defendant and C on December 5, 2013.

Therefore, the defendant is obligated to pay C and each plaintiff 3 million won with 6% interest per annum from May 1, 2003 to October 26, 2004, and 20% interest per annum from the next day to the day of full payment.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);