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(영문) 서울중앙지방법원 2017.02.28 2016가단5169234
양수금
Text

1. The defendant shall pay to the intervenor succeeding to the plaintiff KRW 30,000,000 and the interest thereon from November 23, 2005 to the day of complete payment.

Reasons

1. The facts alleged in the grounds for the change in the attachment of the facts of recognition (the “creditor” shall be the Plaintiff’s successor, and the “debtor” shall be the Defendant) are acknowledged in full view of the overall purport of the pleadings in the evidence Nos. 4 and 5, without dispute between the parties.

2. Determination

A. According to the facts of the judgment on the claim of the plaintiff succeeding intervenor, the defendant is obligated to pay to the plaintiff succeeding intervenor the above outstanding principal amount of KRW 30 million and damages for delay calculated at the rate of 18% per annum, which is the interest rate for delay damages from November 23, 2005 to the date of full payment. Thus, the plaintiff succeeding intervenor's claim is justified.

B. The plaintiff's claim for payment against the defendant on the premise that the plaintiff is the creditor is without merit, since the plaintiff transferred his claim to the plaintiff's successor after the plaintiff filed the lawsuit of this case to the plaintiff's successor.

(The plaintiff submitted a written withdrawal from a lawsuit on February 23, 2017, but failed to obtain the consent of the defendant or his special representative). 3. Accordingly, the plaintiff's claim by the plaintiff's successor is accepted, and the plaintiff's claim is dismissed, and it is so decided as per Disposition.

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