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(영문) 부산지방법원동부지원 2019.04.04 2018가단225045

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 167,214,658 and the amount of KRW 45,124,717 from November 29, 2018 to the date of full payment.

Reasons

1. According to the overall purport of Gap evidence No. 1 and No. 4, the facts of recognition, as a whole, filed a lawsuit against the defendant for the claim for the amount of transfer money under the Daegu District Court 2008Gadan8891, Daegu District Court 2009. On February 6, 2009, "the defendant paid to the non-party company 87,179,484 won and 45,124,717 won with interest of 17% per annum from April 3, 2008 to the day of full payment." The above judgment becomes final and conclusive at that time, the plaintiff received the above claim from the non-party company, notified the defendant of the assignment of the claim, notified the plaintiff of the assignment of the claim at around that time, and filed the lawsuit of this case to suspend the extinctive prescription of the claim finalized by the final and conclusive judgment.

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff, the assignee of the above claim (i.e., the remaining principal of KRW 45,124,717 overdue interest of KRW 122,089,941, Nov. 28, 2018) and the remaining principal of KRW 45,124,717 within the scope of the above rate of delay delay interest under the final and conclusive judgment from November 29, 2018 to the day of full payment, calculated at the rate of KRW 15% per annum, which is the following day, to the Plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.