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1. Revocation of the first instance judgment.
2. The Defendant’s KRW 17,334,368 and KRW 4,193,432 among the Plaintiff and the Plaintiff’s KRW 21 April 21, 2016.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 2 to 6:
On April 3, 2006, a limited liability company specialized in siren support securitization filed a lawsuit against the defendant as Seoul Central District Court 2006da1352145, and on May 30, 2006, the above court sentenced on May 30, 2006 that "the defendant shall pay to the defendant 9,022,41 won and 4,193,432 won with 24% interest per annum from March 1, 2006 to the date of full payment." The above judgment became final and conclusive on June 22, 2006.
(hereinafter “the final judgment of this case”). (b)
On October 25, 2006, a limited liability company specialized in Orren Support Asset-backed Securitization transferred a claim based on the final judgment of the instant case to Solomon Mutual Savings Bank, and notified the Defendant of the above transfer on November 22, 2006.
C. On December 10, 2009, Solomon Mutual Savings Bank re-transfers its claim based on the instant final judgment to the Plaintiff (hereinafter “Plaintiff”) on December 10, 2009, and the Plaintiff was delegated with the authority to notify the transfer by Solomon Mutual Savings Bank, and notified the Defendant of the above transfer on May 4, 2010.
The remaining amount of the claim based on the final and conclusive judgment of this case is KRW 4,193,432, interest and delay damages as of April 20, 2016, KRW 13,140,936, and KRW 17,334,368.
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the agreed delay damages calculated by the rate of 17% per annum from April 21, 2016 to the extent of the agreed delay damages rate of KRW 17,334,368 in aggregate and the remaining principal of KRW 4,193,432 in total as of April 20, 2016.
Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is accepted.