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(영문) 서울중앙지방법원 2019.11.29 2019가단5213606

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 101,495,846 as well as KRW 50,00,000 among them, from July 4, 2009 to August 13, 2013.

Reasons

1. Basic facts

A. On August 10, 2009, the Korea Deposit Insurance Corporation of C, a bankrupt corporation, filed an application for a payment order against the Defendant and D (C, the Changwon District Court Decision 2009Da3535), and on August 10, 2009, the above court ordered the creditor to pay the amount of KRW 913,462,616 and KRW 450,000,000, calculated at the rate of 24% per annum from July 4, 2009 to the date of full payment.

The above payment order was finalized on September 24, 2009 as it was against the defendant.

B. On August 14, 2013, the said Korea Deposit Insurance Corporation transferred claims against the Defendant to the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 4, purport of whole pleadings

2. According to the facts of the judgment on the cause of the claim, the Defendant is obligated to pay the Plaintiff, the assignee of the claim, the amount of KRW 101,49,846 and the amount of KRW 50,00,00,00 from July 4, 2009 to August 13, 2013, the amount of KRW 24% per annum from the following day to September 20, 2015, as the Plaintiff seeks, 18% per annum, and the damages for delay calculated at the rate of 12% per annum as the Plaintiff seeks from the next day to the day of full payment.

3. citing the Plaintiff’s claim for conclusion