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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 12% per annum from March 26, 2019 to the day of complete payment.
Reasons
1. Basic facts
A. On October 5, 2015, the Defendant prepared and delivered to C a written statement of performance (hereinafter “instant written statement of performance”) with the following content as follows.
Note 40,000,000) The above amount shall be 10,000 won, which was paid by C in lieu of D on October 4, 2015, on behalf of D, in part of the amount of its debts charged by D, and shall be the amount paid by C in lieu of D, on behalf of D, in lieu of D, in lieu of D, 10,00 Einsan Park Mau Park, which was paid by subrogation as a substitute on behalf of D on the date of October 4, 2015. The principal shall provide C with the payment of the above amount of subrogation by December 31, 2015.
B. On January 9, 2019, the Plaintiff entered into a contract with C on the transfer and takeover of bonds with the content that C acquires monetary claims equivalent to KRW 40 million payable by the Defendant under the instant written statement of reimbursement (hereinafter “instant monetary claims”).
On the other hand, C notified the Defendant of the purport of the assignment of claim on January 30, 2019, and the Defendant received the notification of the assignment of claim at that time.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 10 evidence, Eul evidence 1 and 2, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff who acquired the instant monetary claim from C with KRW 40 million and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 26, 2019 to the day of complete payment, which is clear that it is the day following the delivery of a copy of the instant complaint sought by the Plaintiff.
3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.