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(영문) 서울중앙지방법원 2015.11.17 2015가단5224981

양수금

Text

1. The Defendant is 17% per annum from June 17, 2015 to the full payment date of KRW 10,885,252 to the Plaintiff and KRW 2,359,404, out of its money.

Reasons

1. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion was that the Plaintiff acquired the claim against the Defendant by transfer from each financial company as shown in the attached Table, and that the above assignment of claim was notified to the Defendant, the Defendant is obligated to pay the Defendant the amount calculated at the rate of 17% per annum from June 17, 2015 to the full payment date as to the total amount of KRW 90,75,561 and the principal amount of KRW 28,90,597, which is the principal amount, out of the total amount of principal and interest that

B. According to each of Gap evidence Nos. 1 through 3 and Gap evidence Nos. 5-2 and 3, each of the above financial companies had claims Nos. 4 and 5 as stated in the attached Table. Each of the above financial companies transferred each of the above claims to the plaintiff and acknowledged the fact that the assignment of claims was notified to the defendant, and there is no evidence to prove that the above claims had been in existence of claims Nos. 1, 2, and 3 in the attached Table. According to the above facts of recognition, the defendant did not have an obligation to pay to the plaintiff damages for delay calculated on June 17, 2015, since the above facts of recognition exceed 10,885,252 won (313,955 won, 10,571,297 won), the sum of the principal and interest of the above transfer money, and 2,359,404 won (16,600 won, 2,192,804 won) as the basic date for calculating the total principal and interest.

2. If so, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.