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(영문) 부산지방법원동부지원 2019.06.26 2018가단222770
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 130,582,090 and KRW 44,838,746 from September 20, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On June 28, 2013, B Co., Ltd. (hereinafter “B”) acquired each of the claims against the Defendant (including interest amounts, additional credit amounts, and all of the claims claims such as the legal procedure expenses, etc. incurred by each obligee to recover claims; hereinafter “each of the claims in this case”).

B. On October 22, 2013, the Defendant approved that B will hold each of the instant claims as listed in the table below, and drafted a request for adjustment of debt approval and a letter of undertaking to repay the debt to B, even if there is no separate notice or peremptory notice, in the event that the repayment of the installment is in arrears for at least three months, and the repayment of the installment is in arrears, and there is no further notice or peremptory notice, and the amount obtained by deducting the debt paid from the total amount of the debt is immediately repaid.

(As of October 22, 2013, base, unit: Won) CDD

C. B received notification from each transferor of claims on June 23, 2014, and sent to the Defendant a notice of assignment of claims regarding each of the instant claims by content-certified mail.

The defendant did not pay the installment repayment under the above installment repayment agreement with B at all.

E. On January 26, 2018, B transferred each of the instant claims to the Plaintiff, and sent a notice of assignment by content-certified mail on behalf of B.

F. As of September 19, 2018, the principal of each of the instant claims amounting to KRW 44,838,746 (excluding KRW 95,729 in the foregoing table), interest and delay damages (an amount calculated by subtracting 15% per annum from January 1, 2017 to the extent of the overdue interest rate) reach KRW 85,743,344 in total, and KRW 130,582,090 in total.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including each number), and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant, who acquired each of the claims of this case, shall pay to the plaintiff the total amount of 130,582,090 won and the interest on the bonds of this case.

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