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(영문) 대전지방법원천안지원 2019.12.04 2019가단4386

양수금

Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate from May 27, 2018 to May 8, 2019, respectively.

Reasons

1. Facts of recognition;

A. C on January 26, 2017, determined and lent KRW 50,000,000 to the Defendant by the due date until May 6, 2017, and one percent per interest month.

B. On June 29, 2017, the Plaintiff against C’s Defendant.

On February 15, 2019, C acquired the loan claims stated in the paragraph, and C completed the notification of the assignment of claims to the Defendant.

C. The Defendant paid to the Plaintiff KRW 8,000,000 in total as interest for 16 months (i.e., KRW 4,000,000 from February 14, 2018 to September 22, 2018). From June 1, 2018 to November 26, 2018, the Defendant paid to the Plaintiff KRW 3,000,000 in cash as KRW 1,00,000 from June 1, 2018.

【Ground of recognition】 Each entry of evidence Nos. 1 through 4, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay 12% per annum to the Plaintiff, a transferee of the claim, the interest rate of KRW 50,00,00,00, and 12% per annum from May 27, 2018, to May 8, 2019, the duplicate of the complaint of this case was served on the Defendant from May 27, 2018 to May 8, 2019; and 15% per annum of the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019).

Meanwhile, the Plaintiff seek for the payment of damages for delay calculated at the rate of 15% per annum for the period from June 1, 2019.

However, pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019) and Article 2(2) of the Addenda, the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was 12% per annum from June 1, 2019.

Therefore, from June 1, 2019, damages for delay calculated at the rate of 12% per annum.