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1. The defendant shall pay to the plaintiff the amount of KRW 137,528,096 and KRW 37,652,578 from February 28, 2018 to the day of full payment.
Reasons
1. Facts of recognition;
A. On April 11, 2008, the defendant filed a lawsuit against the defendant as the Daegu District Court 2008Gadan24316, the defendant was sentenced to the judgment that "the defendant shall pay to the non-party company the amount of money calculated at the rate of 17% per annum from October 29, 2007 to the date of full payment" (hereinafter "the judgment in the previous lawsuit in this case"), and the above judgment became final and conclusive at that time.
B. On January 26, 2018, the non-party company was entitled to the claim of this case (hereinafter referred to as the "claim of this case").
(C) As of February 27, 2018, the Plaintiff transferred the instant claim to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation, and on behalf of the non-party company, sent a written notice of assignment of claim by content-certified mail to the Defendant. As of February 27, 2018, the instant claim reaches KRW 37,652,578, delay damages damages, KRW 99,875,518 (the amount that the Plaintiff reduced within the scope of the interest rate for delay damages in the above judgment) and the total amount of KRW 137,528,096. [The each entry and the purport of the entire pleadings as to evidence A
2. The fact that the Plaintiff applied for the instant payment order on March 14, 2018, when the ten-year lapse of the extinctive prescription period of the instant claim was imminent, as to the cause of the claim, is apparent in the record. As such, the instant lawsuit may be recognized as a re-instigation of suit for the interruption of extinctive prescription.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff who acquired the claim of this case the damages for delay calculated at the rate of 15% per annum for the plaintiff as to the above KRW 137,528,096 and KRW 37,652,578 from February 28, 2018 to the date of full payment.
3. Judgment on the defendant's assertion
A. The defendant's assertion (1) was not notified by the non-party company of the transfer or acquisition of the claim of this case.