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1. The Defendants are jointly and severally liable to the Plaintiff for 90,563,261 won and 15% per annum from March 28, 2019 to May 31, 2019.
Reasons
1. On August 22, 2012, the Plaintiff indicated the claim 0: (a) upon the request of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”); (b) on behalf of the Plaintiff, the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”); and (c) on behalf of the Plaintiff, the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”); (b) on October 15, 2015, the Plaintiff incurred a claim of KRW 90,58,053 in total of the revenue amount and the revenue agency fee; and (c) on October 15, 2015, the Plaintiff transferred the claim amount of KRW 28,474,48 in relation to D (representative: E); and (b) on the other hand, the Defendant Co., Ltd prepared and delivered a note to pay the Plaintiff the payment of KRW 62,113,565 in total to the Plaintiff on the above debt; and (d) at the time, the Defendant Co., Ltd should also jointly and severally pay the said amount to the Plaintiff.
2. Grounds for recognition: Evidence Nos. 1 and 2, and the purport of the whole pleadings.
3. Damages for delay: Application of the amended Provisions - The statutory interest rate prescribed by Presidential Decree No. 29768 of May 21, 2019, which was amended from June 1, 2019, and enforced from June 1, 2019, is amended to mean 12/100 per annum as the "interest rate prescribed by Presidential Decree" in the main sentence of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Thus, the damages for delay claimed by the Plaintiff in this case from June 1, 2019 to June 1, 2019 shall be governed by the above amended provisions.
4. Determination as to the Defendants’ assertion: The assignment of claims rejected in entirety: The Plaintiff filed a civil lawsuit against D’s representative E and secured the final judgment claim.
Even by hand, the Defendants agreed on November 10, 201 to the Plaintiff that “E would directly pay the transferred amount to the Plaintiff in the event of nonperformance,” and as E failed to pay the said transferred amount, the Defendants were on November 10, 2017.