양수금
1. The Defendants are jointly and severally liable to the Plaintiff for 29,819,154 won and the interest rate of 12% per annum from July 25, 2019 to the date of full payment.
1. Determination on the cause of the claim
A. In full view of the purport of the entire pleadings, the following facts are recognized in each statement of evidence Nos. 1 through 5:
1) Defendant C is a stock company E on September 15, 2014 (hereinafter “Nonindicted Company”)
(2) On September 15, 2014, upon commission of the FB company, a notary public made an agreement with the non-party company on the fee received from the non-party company in relation to the insurance contract recruited by the defendant C that “if the cause of the fee ceases to exist due to the modification, invalidation, cancellation, termination, termination, etc. of the relevant insurance contract, the fee paid according to the payment criteria of the non-party company shall be refunded.” On the same day, the defendant D guaranteed the non-party company’s obligation to return the fee. Meanwhile, on September 15, 2014, in order to secure the above payment obligation of the fee, the defendants made a promissory note with the non-party company’s notary public No. 2184 as a law firm F Deed No. 2014 and the Defendants as the issuer.
3) Defendant C was dismissed on September 1, 2015, and there was a total of KRW 35,819,154 in accordance with the payment criteria for the commission of the non-party company. After which, the non-party company recovered KRW 6,00,000 out of the above amount through the auction procedure, etc. 4) the non-party company transferred the above claim to the Plaintiff on April 17, 2019, and thereafter notified the Defendants of the above assignment of claim.
B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff 29,819,154 won (35,819,154 won - 6,000,000 won) and damages for delay calculated by the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from July 25, 2019 to the date of full payment, as sought by the Plaintiff.
2. As to the determination of the Defendants’ assertion, the Defendants were unilaterally dismissed and received from the Nonparty Company.