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(영문) 대구지방법원 2019.02.15 2017가단31194
양수금
Text

1. The Defendant’s KRW 150,000,000 as well as 3.5% per annum from May 1, 2014 to December 19, 2018 to the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On May 1, 2015, the Plaintiff agreed with Nonparty C, D, and the Defendant to transfer to the Plaintiff the claim amounting to KRW 500,000,000,000, owned by the Defendant against the Defendant. The Defendant issued and delivered a loan certificate that stipulates that the Plaintiff shall pay KRW 500,000,000 to the Plaintiff by May 1, 2018.

B. Around February 17, 2017, the Plaintiff and the Defendant agreed to pay KRW 150,00,000 and interest rate of KRW 3.5% per annum from January 1, 2014 to the date of full payment (hereinafter “instant debt settlement agreement”).

C. However, the Defendant did not pay the principal or interest at all, in addition to the payment of KRW 1,500,000 to the Plaintiff as interest payment after the instant debt settlement agreement was concluded.

Therefore, the Plaintiff’s aforementioned KRW 1,500,000 was partly appropriated as interest accrued from January 1, 2014 to April 30, 2014, and the Plaintiff sought reimbursement of KRW 150,000,000 as debt settlement agreement and delay damages therefrom.

2. According to the purport of Gap evidence Nos. 5 and Gap evidence Nos. 6, 7, 8, and 9, which are recognized as the authenticity of the market, and the whole pleadings, the facts alleged by the plaintiff can be acknowledged.

Therefore, the Defendant is obligated to pay to the Plaintiff 150,000,000 won with 3.5% interest per annum, which is the agreed interest rate from May 1, 2014 to December 19, 2018, the delivery date of the written correction of claims and cause of the instant claim, and 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.

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