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1. The Defendant: (a) KRW 50 million and the Plaintiff’s annual rate from December 23, 2016 to January 24, 2017.
Reasons
1. The Plaintiff asserted that the Plaintiff lent KRW 145,00,000 to C on March 13, 2015, setting the interest rate of KRW 25% per annum and the due date of repayment as June 30, 2016.
C on October 14, 2015, on the part of the Plaintiff, transferred C’s loan claim amounting to KRW 100 million to the Defendant, and the notice of transfer reached the Defendant on October 16, 2015.
Therefore, the defendant is obligated to pay the above KRW 100 million and damages for delay to the plaintiff.
2. In full view of the health account and evidence Nos. 3-1 and 2 as to whether a loan claim amounting to KRW 100 million against the Defendant exists, and the purport of the entire arguments and arguments, C and D may recognize that the period of repayment set as June 30, 2016 and KRW 100 million has been set to the Defendant. In the event there are several creditors, each obligee has a right to equal ratio (Article 408 of the Civil Act) and each obligee has a right to the Defendant’s loan claim amounting to KRW 50 million out of the above loan amounting to KRW 100 million (1/2).
Accordingly, the assignment of claims to the plaintiff by C is valid within the scope of the above KRW 50 million, and any exceeding the scope is null and void.
Therefore, from December 23, 2016 on the record that the defendant is liable to pay to the plaintiff the amount of KRW 50 million and the next day after the copy of the plaintiff's claim and the statement of correction of cause, which the plaintiff sought, to the defendant, 5% per annum as stipulated in the Civil Act until January 24, 2017, which is the date of this decision, deemed reasonable to dispute the existence and scope of the defendant's obligation to perform, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
3. In conclusion, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.