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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On August 24, 1993, the Defendant (formerly: YYYYYUF) borrowed the amount of KRW 75 million from the Chungcheong Mutual Saving and Finance Company at the rate of KRW 15.5% per annum on August 24, 1998, and damages for delay at the rate of KRW 19% per annum.
(hereinafter “instant claim”). (b)
On March 14, 200, the claim of this case was transferred in sequence to the Korea Mutual Saving and Finance Company, and the Korea Oil Bank on December 19, 2000, to the limited liability company specializing in the securitization, and each of the above claims assignment was notified to the Defendant.
C. On April 28, 2005, the Han-man Specialized Company filed a lawsuit against the defendant for the claim for the amount of the transfer money with the Changwon District Court Tongwon District Court 2003Kahap1454, the above court rendered a judgment on April 28, 2005 that "the defendant shall be jointly and severally liable with Gap, Eul, and 74,285,199 won and shall be 15.5% per annum from July 1, 1995 to August 24, 1998; 19% per annum from the next day to March 11, 2005; and 20% per annum from the next day to the date of full payment." The above judgment was finalized on May 21, 2005.
(hereinafter “instant final judgment”) d.
On October 31, 2003, a limited liability company specialized in the Han-man Real Estate Securitization transferred the instant claim to the Plaintiff (the Plaintiff, a stock company before the change) and sent the notice of transfer to the Defendant by means of content-proof mail on November 28, 2003.
E. As of February 4, 2015, the instant claim remains in KRW 377,336,947, in total, KRW 303,05,199, overdue interest and delay damages as of February 4, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant, except in extenuating circumstances, shall, within the scope of the remaining claims that the Plaintiff acquired to the Plaintiff in succession, promote the litigation by 15.5% per annum from July 1, 1995 to August 24, 1998; 19% per annum from the next day to March 11, 2005; and by 19% per annum from the next day to September 30, 2015.