beta
Text
1. It is based on the Defendant’s Changwon District Court Decision 2004Gahap6160 (In Busan High Court Decision 2006Na10767).
Reasons
1. Facts of recognition;
A. The defendant filed a lawsuit against the plaintiff and the non-party C, claiming unjust enrichment, etc. (the Changwon District Court Decision 2004Gahap6160), and the above court rendered a judgment that "the plaintiff shall pay to the defendant 15.3 million won and 12% interest per annum from July 16, 2004 to the date of full payment." The appellate court (the Busan High Court Decision 2006Na10767) declared that "the plaintiff shall additionally pay to the defendant 1,63,193 won and the amount calculated at the rate of 12% per annum from July 16, 2004 to the date of full payment," which became final and conclusive thereafter.
(hereinafter “instant judgment”). (b)
The non-party D filed a loan claim lawsuit against the defendant and the non-party E (the Changwon District Court Decision 2004Da44332). On May 17, 2006, the above court rendered the judgment "D, the non-party E shall pay 12% per annum from July 8, 2004 to October 18, 2004, and 20% per annum from the next day to the day of full payment. The defendant shall pay 30 million won among the above E and each of the above amounts, and 5% per annum from July 21, 2004 to May 17, 2006 to the day of full payment, and 20% per annum from the next day to the day of full payment. The above judgment became final and conclusive after the judgment became final and conclusive.
(hereinafter referred to as the “instant judgment”). C.
D On May 3, 2016, the Plaintiff and the instant related judgment entered into a contract on the transfer of KRW 45 million, which is part of the claim for delay damages from July 21, 2004 to May 3, 2016, as well as the claim for delay damages from July 21, 2004 to May 3, 2016, and drafted a notarial deed (No. 1547 of the Changwon Law Firm, etc.).
(hereinafter the above KRW 45 million is referred to as “instant claim”). D.
On February 17, 2017, the Plaintiff delegated the authority to notify the assignment of claims to the Defendant by content-certified mail.