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(영문) 부산지방법원동부지원 2020.06.10 2019가단226564
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 112,10,910, and KRW 33,001,255 among them, annually, from May 8, 2009 to December 31, 2016.

Reasons

1. Facts of recognition;

A. The non-party B limited liability company asserted that it acquired each claim from C Co., Ltd. and D Co., Ltd., and filed a lawsuit against the defendant as Seoul Central District Court Decision 2009Da235794, Nov. 30, 2009. The above court rendered a favorable judgment in favor of the above court that "the defendant shall pay to the plaintiff 112,110,910 won and 33,001,255 won with 17% interest per annum from May 8, 2009 to the day of full payment." The above judgment became final and conclusive at that time.

(hereinafter “Prior Judgment”). B.

B On December 27, 2018, pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, a limited liability company transferred the instant judgment claim to the Plaintiff, and around that time, notified the Defendant of the assignment of the said claim by content-certified mail.

C. The Plaintiff filed the instant lawsuit for the extension of extinctive prescription of claims based on the preceding judgment.

【Reasons for Recognition: Each entry in the Evidence Nos. 1 through 3, and the purport of the whole pleadings】

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 112,110,910 as well as KRW 33,01,255 as the principal of the judgment rendered by the preceding judgment and KRW 33,001,255 as the Plaintiff seeks within the scope of damages for delay as determined by the preceding judgment, 17% per annum from May 8, 2009 to December 31, 2016, and 15% per annum from the next day to May 31, 2019, and 12% per annum from the next day to the date of full payment.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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