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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from January 3, 2018 to the date of complete payment.
Reasons
Basic Facts
A. C wired 40 million won over six occasions from October 30, 2013 to January 20, 2014 to the bank account under the name of the Defendant.
B. C around March 2016, around the same day, presented to the Plaintiff the details of the passbook transaction stating the fact of remittance of KRW 40 million, and borrowed money from the Plaintiff on the condition that the Defendant transferred the above KRW 40 million claim against the Defendant.
(hereinafter referred to as “instant claim”) against the Defendant C
C around March 2016, a written contract for the transfer of the instant claim between the Plaintiff and the Plaintiff was prepared, and on March 11, 2016, the instant claim was transferred to the Plaintiff by content-certified mail. As such, the instant claim was transferred to the Plaintiff by content-certified mail. As such, the notice of the transfer of claim (No. 3; hereinafter “the instant notice of the transfer of claim”) was sent to the Plaintiff by content-certified mail.
On the other hand, the notification of the assignment of claims mentioned the plaintiff's resident registration number and address as the transferee of the claim.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, witness C's testimony, assertion of the purport of whole pleadings
A. The Plaintiff acquired the instant claim KRW 40 million from C, and sought payment of the said KRW 40 million and damages for delay.
B. On August 15, 2013, the Defendant: (a) lent KRW 30,471,800 to C and received KRW 30,000,00 as repayment; (b) accordingly, the Defendant asserts that the payment of KRW 10,00,000 to C, which existed at the time of the notification of the transfer of the instant claim, was merely KRW 10,000,000; and (c) on the other hand, the Defendant asserts that the said KRW 10,00,000,000, as the Plaintiff paid to C delegated by the Plaintiff,
Judgment
First of all, we examine the amount of the claim in this case that the plaintiff acquired, and the evidence and facts of recognition as seen earlier are acknowledged by the purport of Gap evidence No. 10 and all pleadings.