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(영문) 부산지방법원동부지원 2019.04.04 2018가단225007
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 160,362,460 and the amount of KRW 44,954,574 from November 29, 2018 to the date of full payment.

Reasons

1. According to the purport of Gap evidence No. 1 and No. 3, the facts of recognition, as a whole, the plaintiff filed a lawsuit against the defendant for the claim for the amount of transfer money (2008da113109) with the Busan District Court. On February 4, 2009, "the defendant paid to the non-party company 57,928,454 won and 47,070,383 won with interest of 17% per annum from April 1, 2005 to the day of full payment," and the above judgment becomes final and conclusive at that time, the plaintiff received the above claim from the non-party company and notified the defendant of the assignment of the claim, and then notified the plaintiff of the assignment of the claim in order to suspend the extinctive prescription of the claim finalized by the final and conclusive judgment.

2. If so, the Defendant is obligated to pay to the Plaintiff, the assignee of the above claim, 160,362,460 won based on the above final judgment (i.e., remaining principal interest of KRW 44,954,57,86, overdue interest of KRW 115,407,886, Nov. 28, 2018) and the remaining principal interest of KRW 44,954,574 as of November 29, 2018, within the scope of the above final judgment interest rate of KRW 15% per annum that the Plaintiff seeks from November 29, 2018 to the date of full payment.

On December 24, 2018, the defendant submitted a written objection, but the written objection does not contain any specific reasons for the objection. Thus, the defendant's objection is not accepted.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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