양수금
1. The defendant shall pay to the plaintiff KRW 266,018,568 and KRW 107,826,855 among them, from October 16, 2018 to the date of full payment.
1. According to the overall purport of each statement and argument of Gap evidence Nos. 1 and 3 (including additional numbers), the Korea Credit Guarantee Fund (hereinafter "Nonindicted Company") has received a judgment from the defendant et al. to the Busan District Court 2008Gahap2626, Oct. 29, 2008 that "the defendant has received the right of suspension from the non-party company to the non-party company and notified the defendant of the suspension of the claim and the fact that the plaintiff filed a lawsuit against the non-party for the suspension of the assignment of the claim in question at the rate of 15% per annum from February 1, 2008 to February 19, 2008, and 20% per annum from the next day to the day of full payment." The above judgment against the defendant on Nov. 22, 2008, the plaintiff received the right of suspension from the non-party company and notified the defendant of the suspension of the claim in question at the time of the final judgment.
2. According to the above facts, the Defendant is obligated to pay damages for delay calculated by the rate of 12% per annum to the Plaintiff, the transferee of the above claim, as to KRW 266,018,568 (i.e., overdue interest of KRW 107,826,855 (i.e., overdue interest of KRW 158,191,71,713, and up to October 15, 2018) and the balance of the loan, within the scope of the interest rate for delay under the above final and conclusive judgment from October 16, 2018 to the day of complete payment, which is within the scope of the interest rate for delay under the above final and conclusive judgment.
In regard to this, the defendant argues to the effect that ① the principal of the loan of the actual defendant is different from the facts, ② the repayment of the loan of KRW 30 million is made, and ① barring any special circumstance, the amount of the loan principal and interest cannot be contested by res judicata of the above final and conclusive judgment, and ② there is no evidence to acknowledge the fact that the repayment has been made
Therefore, the defendant's argument cannot be accepted.
3. The plaintiff's claim of this case is reasonable, and it is so ordered as per Disposition.