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(영문) 서울남부지방법원 2019.11.07 2019가단232097
양수금
Text

1. The defendant's KRW 50,000,00 and its amount shall be 14% per annum from January 11, 2009 to March 23, 2009 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Korea Housing Guarantee Co., Ltd. applied for a payment order for loans to the Defendant, D, and E with the Jeonju District Court Decision 2009Gu486, Feb. 3, 2009. The above court "Korea Housing Guarantee Co., Ltd." on the amount of KRW 4,860,098,028 and KRW 1,173,356,302 among them, 7% per annum from January 11, 2009 to February 23, 2009; 20% per annum from the next day to the date of full payment; 1,180,30,235 won from January 11, 2009 to the date of original payment; 14% per annum from the next day to the date of complete payment; 20% per annum from the date of complete payment; 30% per annum from the date of original payment order to the date of complete payment; 30% per annum, 409, 2981,294.2,298

(hereinafter “instant payment order”). B.

The Korea Housing Guarantee Co., Ltd. transferred the instant payment order claim against the Defendant to the F Limited Company, the F Limited Company to G Co., Ltd., and G Co., Ltd to the Plaintiff in sequence, and notified the Defendant of each of the above assignment claims.

[Grounds for recognition] The items in Gap evidence Nos. 1, 3 through 7, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the plaintiff has a benefit to protect the right to file the lawsuit of this case in order to suspend extinctive prescription of the claim based on the payment order of this case.

Unless there are special circumstances, the defendant is obligated to pay to the plaintiff 50,000,000 won among the payment order bonds of this case and damages for delay calculated at the rate of 14% per annum from January 11, 2009 to March 23, 2009 and 20% per annum from the next day to the date of full payment.

(b).

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