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(영문) 부산지방법원동부지원 2019.11.14 2019가단216949
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 116,671,070 and the amount of KRW 38,213,958 from June 22, 2019 to the date of full payment.

Reasons

B. A corporation (hereinafter “Nonindicted Company”) received an order to pay a loan claim against the Defendant on June 11, 2009 from Seoul Central District Court Decision 2009Da31658 (hereinafter “Nonindicted Company”) with the content that “the Defendant shall pay the Defendant Company 58,926,878 won and its 38,213,958 won with the interest rate of 17% per annum from June 9, 2009 to the date of full payment.” The above payment order became final and conclusive on July 3, 2018; the non-party Company transferred the above claim to the Plaintiff on January 26, 2018; the principal of the above credit as of June 21, 2019 shall be KRW 38,213,958 won; the interest amount of the above credit shall be 38,2158 won; or the Plaintiff may file a lawsuit for the interruption of the extinctive prescription as of June 21, 2019.

According to the above facts, the Defendant is obligated to pay the Plaintiff, the assignee of the above claim (i.e., the principal amount of KRW 38,213,958 overdue interest of KRW 78,457,112, Jun. 21, 2019) and the principal amount of KRW 38,213,958, which is within the scope of the interest rate for delay under the above payment order from June 22, 2019 to the date of full payment, to delay damages calculated at the rate of 12% per annum for the Plaintiff.

The plaintiff's claim is justified and it is so decided as per Disposition.

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