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1. The Defendant’s KRW 300,032,00 and the Plaintiff’s 20% per annum from April 24, 2015 to September 30, 2015.
Reasons
1. Facts of recognition;
A. On June 21, 2012, C lent a bill of 1,600,000 Chinese currency to the Defendant, and the due date for payment was determined as “within one year from December 5, 2013 after December 15, 2013.”
B. C determined as KRW 187.52 per 1st century, and converted the said Chinese currency 1,600,000 won into Korean currency 300,032,000 won (1,60,000 won x 187.52 won) and transferred C’s loan claim amounting to the Plaintiff on December 30, 2014, and thereafter notified C of the purport that C’s loan claim amounting to KRW 300,032,000 against the Defendant was transferred to the Plaintiff on June 21, 2012.
[Reasons for Recognition] The entry of confessions (Article 150 of the Civil Procedure Act), Gap evidence 1 to 6, and the purport of the whole pleadings
2. In light of the above facts, it is reasonable to deem that the defendant impliedly approved the repayment of the above amount of claim converted into Korean currency as above by converting C’s 1,600,000 won into the above Chinese currency of KRW 300,032,000, and the defendant notified the Plaintiff of the transfer of the above amount of claim for loans of KRW 300,032,000, and there is no finding of an objection against the above amount of claim converted into Korean currency.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from April 24, 2015 to September 30, 2015 (amended by Presidential Decree No. 26553, Sept. 25, 2015) under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) and 15% per annum from the next day to the day of full payment (amended by the above statutory interest rate) under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc.
3. Thus, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are accepted.