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The defendant shall pay to the plaintiff the amount of KRW 126,77,417 and KRW 33,951,596 from March 28, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. On May 16, 2008, the defendant filed a lawsuit against the defendant as the Ulsan District Court 2007dan65312, Ulsan District Court Decision 2007Da65312, and on May 16, 2008, the defendant was sentenced to the non-party company to pay to the non-party company the amount of money calculated at the rate of 17% per annum for KRW 65,518,506 and KRW 33,951,596 from June 26, 2007 to the day of full payment (hereinafter "the judgment of the previous lawsuit of this case"). 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 March 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 notice of assignment of claim by content-certified mail to the Defendant. As of March 27, 2018, the instant claim amounted to KRW 33,951,596, damages for delay, KRW 92,825,821 (the amount that the Plaintiff reduced within the scope of the interest rate on delay damages in the above judgment) and the total amount of KRW 126,77,417. [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 April 9, 2018, when the ten-year extinctive prescription period of the instant claim was imminent, is apparent in the record, and 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 126,77,417 won and 33,951,596 won from March 28, 2018 to the day of full payment, delay damages calculated at the rate of 15% per annum for the plaintiff.
3. Judgment on the defendant's assertion
A. The defendant's assertion (1) is notified by the non-party company of the transfer of the claim of this case.