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(영문) 부산지방법원동부지원 2016.11.23 2016가단207265
양수금
Text

1. The defendant shall pay to the plaintiff KRW 27,142,965 and KRW 15,027,91 among them, from March 31, 2003 to the day of full payment.

Reasons

1. Basic facts

A. On March 31, 2003, the Plaintiff respectively transferred 16,803,698 won from LG card Co., Ltd. to the Defendant, and 9,294,354 won from Samsung Capital Co., Ltd. on April 30, 2003.

B. Around each day of the above transfer, LG card Co., Ltd and Samsung Capital Co., Ltd. notified the Defendant of the transfer of each of the above assignment.

C. The plaintiff thereafter against the defendant.

On July 11, 2006, the Busan District Court filed a lawsuit with respect to each claim for the amount of money transferred in accordance with paragraph (2006da41620 and was sentenced to a full favorable judgment on July 11, 2006 that "the defendant shall pay to the plaintiff 27,142,965 won and 15,027,91 won with respect to the rate of 25% per annum from March 31, 2003 to the date of full payment, 8,223,722 won per annum from April 30, 203 to the date of full payment." The above judgment became final and conclusive on August 5, 2006.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring special circumstances, the defendant is obligated to pay the amount stated in the claim to the plaintiff who acquired the claim from LG card Co., Ltd and Samsung Capital Co., Ltd., and on the other hand, the lawsuit of this case filed for the purpose of the extension of prescription after the completion of the extinctive prescription is imminent after the judgment of the previous suit

Therefore, the defendant is obligated to pay to the plaintiff 27,142,965 won, which is the total amount of the transfer money, and 15,027,91 won, which is the principal of the claim acquired from the LG Card Co., Ltd., from March 31, 2003 to the date of complete payment, 25% per annum, and 8,223,72 won, which is the principal of the claim acquired from Samsung Capital Co., Ltd., and damages for delay calculated by 29% per annum from April 30, 203 to the date of complete payment.

B. Judgment on the defendant's argument

A. The defendant is part of the plaintiff's claim of this case.

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