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(영문) 서울중앙지방법원 2018.07.23 2017나91990
양수금
Text

1. Revocation of the first instance judgment.

2. As to KRW 6,268,272 out of KRW 23,029,33 to the Plaintiff, the Defendant began on April 21, 2017.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) The solomon mutual savings bank filed a lawsuit against the defendant against the defendant with the Seoul Central District Court 2007 Ghana103076, Jun. 12, 2007 that "the defendant shall pay 11,420,837 won to Solomon mutual savings bank and 6,268,272 won among them at the rate of 20% per annum from January 3, 2007 to the day of full payment." The above judgment became final and conclusive on August 7, 2007. 2) The Solomon mutual savings bank transferred its claim against the defendant to the plaintiff on December 10, 2009, and notified the defendant of the above fact of assignment by mail on May 4, 2010.

3) As of April 20, 2017, the amount of claims against the Defendant as of April 20, 2017 is the total of KRW 6,268,272, delay damages, KRW 16,761,061, and KRW 23,029,333. 【Unfounded-founded facts without any dispute over recognition, entry in the evidence A1 through 5, and the purport of the whole pleadings.

B. The Defendant is obligated to pay to the Plaintiff the amount of KRW 23,029,33 and the amount of KRW 6,268,272 from April 21, 2017 to the date of full payment at the rate of 15% per annum for delay calculated by the Plaintiff within the limit of the rate of delay damages for the previous judgment, which is the following day of the above base date, to the date of full payment.

2. If so, the plaintiff's claim of this case should be accepted with due reasons, and the judgment of the court of first instance which concluded otherwise is unfair, and thus the court of first instance revokes this and ordering the payment of the above money.

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