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1. The Defendant shall pay to the Plaintiff KRW 418,835,480 and the interest rate of KRW 20% per annum from April 17, 2014 to the date of full payment.
Reasons
1. Basic facts
A. On May 30, 2009, the Plaintiff: (a) lent KRW 300,000,000 to D, the representative of C, as “30,000,000 per annum on May 30, 2010; and (b) lent 30% interest per annum.”
B. D supplied wheelchairs for the manufacture of wheelchairs to E operated by the Defendant from January 2012 to January 2014 (hereinafter “instant goods”). The Defendant’s price for the goods not paid to D is KRW 418,835,480.
C. On April 4, 2014, D transferred KRW 418,835,480 (hereinafter “transfer of the instant claim”) against the Defendant to the Plaintiff. On April 7, 2014, D sent a content-certified mail notifying the Defendant of the transfer of the instant claim, and the content-certified mail sent to the Defendant around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3-5, 7, witness F's testimony, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 418,835,480 won and damages for delay at the rate of 20% per annum from April 17, 2014 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order.
B. Determination 1 on the Defendant’s assertion 1) The Defendant asserts that the transfer of the instant claim is null and void since the Defendant transferred the instant claim to the Plaintiff without any transaction relationship with D for the purpose of the litigation trust. In a case where the assignment of claim is transferred mainly for the purpose of having the said assignment of claim, etc., even though the assignment of claim does not constitute a trust under the Trust Act, Article 7 of the former Trust Act (wholly amended by Act No. 10924, Jul. 25, 201) shall be deemed null and void by applying mutatis mutandis the former Trust Act (wholly amended by Act No. 10924, Jul. 25, 20