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(영문) 인천지방법원 2019.08.23 2018가합2444
양수금
Text

1. The Defendant’s KRW 200,238,611 as well as the Plaintiff’s KRW 15% per annum from April 17, 2019 to May 31, 2019.

Reasons

1. The Plaintiff, as to the claim, acquired KRW 500,000,000 from C (B prior to the name of the title holder D) a loan claim against the Defendant, and the said transfer was notified to the Defendant on April 16, 2019, as a service of the copy of the instant complaint.

The assignee can also notify the transferor of the transfer as the deceased of the transferor.

(2) The Defendant is obligated to pay to the Plaintiff KRW 200,238,611 (i.e., KRW 500,000,000 - KRW 250,000,000, KRW 49,761,389, Feb. 13, 2004). Therefore, the Defendant is obligated to pay to the Plaintiff the Plaintiff the amount of damages for delay.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

3. The Plaintiff seeking damages for delay calculated at the rate of 15% per annum from the day after the delivery of the duplicate of the complaint in this case. However, as the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were amended by Presidential Decree No. 29768 on May 21, 2019, Article 2(2) of the Addenda (Presidential Decree No. 29768, May 21, 2019) was terminated after May 31, 2019, the Plaintiff shall apply 15% per annum, which is the statutory interest rate under the previous provisions, until May 31, 2019, and 12% per annum, which is the statutory interest rate under the amended provisions, from June 1, 2019. In this case, the remainder shall be cited as 12% per annum from June 1, 2019.

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