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(영문) 부산지방법원동부지원 2019.07.25 2019가단211104

양수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 85,87,378 and KRW 76,740,270 among them, from July 14, 1998 to October 198. < Amended by Presidential Decree No. 15983, Oct. 14, 1998>

Reasons

Facts of recognition

According to the purport of Gap evidence Nos. 1 and 2 and the whole pleadings, the Korea Technology Finance Corporation (hereinafter referred to as the "Korea Technology Finance Corporation") filed a lawsuit against the defendants, etc. on September 29, 2009 against the Seoul Central District Court 2009Da166041. "The defendants jointly and severally filed a lawsuit against the non-party company with 92,132,078 won and 82,984,970 won among them, 25% per annum from July 14, 1998 to October 31, 1998; 20% per annum from the following day to February 29, 200; 18% per annum from the next day to July 16, 2009; and 10% per annum from the next day to the date of the above final judgment; and 20% per annum from the date of the above final judgment to the date of repayment; and 30% per annum from the date of the above final judgment."

According to the above facts, the defendants are obligated to pay 85,87,378 won to the plaintiff, the transferee of the above bonds, and 76,740,270 won to the remaining principal, 25% per annum from July 14, 1998 to October 31, 1998, 20% per annum from the next day to February 29, 200, 18% per annum from the next day to April 16, 2003, 16% per annum from the next day to July 16, 2009, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment.

As to this, Defendant B did not notify of the assignment of claims, and ② did not claim that the extinctive prescription expires.

However, according to Gap evidence No. 2, defendant B appears to have been notified of the assignment of claims around October 2014 and was not notified at the time.