beta
(영문) 부산지방법원 2019.07.05 2018나59427

전부금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Facts of recognition;

A. On July 4, 2012, C filed a lawsuit against the Defendant for a loan claim with the Daegu District Court resident support 2010Kadan3079, and on July 4, 2012, C, “The Defendant paid C the amount of KRW 35 million and the amount calculated at the rate of 5% per annum from August 21, 2010 to July 4, 2012, and 20% per annum from the next day to the date of full payment” (hereinafter “the first final judgment”), and the said judgment became final and conclusive on November 19, 2013, after the appellate court and the final appeal.

B. On April 25, 2018, the Plaintiff filed a lawsuit against C with Busan District Court 2018Kadan131, and was sentenced to the judgment that “C shall pay to the Plaintiff 20% per annum for KRW 70,000,000 and KRW 55,00,000,000 per annum from June 19, 2015 to the date of full payment” (hereinafter “second final judgment”). The above judgment became final and conclusive on May 11, 2018.

C. Upon the final and conclusive judgment on May 16, 2018, the Plaintiff was issued an assignment order for claims attachment and assignment (hereinafter “instant assignment order”) based on the first final and conclusive judgment that C has against the Defendant, with the debtor C and C as the resident resident support of the Daegu District Court 2018TTT 5452, and with the amount of claims KRW 102,603,887, the total principal and interest of claims based on the second final and conclusive judgment, and the instant assignment order was served on the Defendant on May 17, 2018 and on May 25, 2018, and became final and conclusive on June 2, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, according to the assignment order of this case, the defendant, pursuant to the assignment order of this case, 85,618,268 won (the principal = 35,000,000 won from August 21, 2010 to July 4, 2012), which the plaintiff seeks from August 21, 2012 (the delay damages of 3,277,015 won = 35,000,000 x 5% x 5% x (113/365 186/366), and turf below Won; hereinafter the same shall apply.

From July 5, 2012