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1. The defendant shall pay to the plaintiff KRW 28,653,625 and KRW 23,458,70 among them, 28% per annum from February 6, 2004 to the date of full payment.
Reasons
1. Basic facts
A. Samsung Card Co., Ltd. received a favorable judgment from the above court on July 15, 2004 that "the defendant would pay to Samsung Card Co., Ltd. the amount of 28,653,625 won and 23,458,700 won per annum from February 6, 2004 to the date of complete payment" and the above judgment became final and conclusive on August 11, 2004.
B. On December 20, 2005, Samsung Card Co., Ltd. transferred the above claim against each Defendant to the Plaintiff on April 26, 201, to the Solomon Mutual Savings Bank.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination:
A. According to the facts of the Defendant’s recognition as above, the Defendant is obligated to pay to the Plaintiff, a final transferee, 28,653,625 won with interest of 23,458,70 won per annum from February 6, 2004 to the day of full payment, and the Plaintiff is also entitled to the instant lawsuit for the interruption of extinctive prescription of the claim based on the final judgment.
B. The defendant's assertion (1) asserts that the defendant was not notified of each assignment of claims.
Therefore, even if the defendant was unable to receive each notice of assignment of claims (A No. 2-2 and 3), it is reasonable to deem that the transferee can act as the deceased or representative of the transferor, and that the notification of assignment of claims has arrived at the notification of assignment of claims even in cases where the transferee submits a written notice of assignment of claims to the debtor in the pleading of a claim claim to acquire claims against the debtor, even in cases where the transferee submits the notice of assignment of claims to the debtor by a documentary evidence, and that each notice of assignment of claims (A evidence No. 2-2 and 3) against the defendant was served to the defendant on September 12, 2014 through this court, and was submitted to this court on November 6, 2014 as evidence.