양수금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. In the first instance trial, the Plaintiff (a joint stock company prior to the change) sought payment from the Defendant of Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”) and Ethys Loan Co., Ltd. (hereinafter “Ethys Loan”). The court of first instance accepted only a claim based on the principal amount transferred from Ethys Loan and dismissed the claim based on the principal amount of KRW 2,400,977. The court of first instance dismissed the claim based on the claim of KRW 3,558,85.
Since only the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim based on the claim of KRW 3,558,885, which was transferred from Solomon Mutual Savings Banks dismissed by the court of first instance.
2. Determination on the cause of the claim
A. Fact-finding 1) The solomon mutual savings bank filed a lawsuit against the defendant on the claim for the amount of money taken over by the Seoul Central District Court 2007 Ghana2023096, Nov. 14, 2007 and rendered a judgment to the above court that "the defendant shall pay to Solomon mutual savings bank the amount of 6,637,102 won and 3,491,304 won which is calculated at the rate of 29.5% per annum from February 7, 2007 to the day of full payment" (hereinafter "the judgment of this case").
(2) On December 10, 2009, the Plaintiff received the claim based on the instant judgment from Solomon Mutual Savings Bank and notified the Defendant of the assignment of the claim on May 4, 2010.
3) Meanwhile, the overdue interest rate prescribed by the Plaintiff’s Business Regulations within the scope of the delay rate of the purchase bonds is 17% per annum. [The purport of each of the statements and arguments as to the evidence Nos. 1, 3-1 and 5-1 and 5-2 of the evidence Nos. 1, 3-1 and 5-2
B. According to the above facts of recognition, the Defendant is 17% per annum from December 21, 2015 to the date of full payment, as requested by the Plaintiff, as to the total amount of KRW 12,811,618, and the principal amount of KRW 3,491,304 among them.