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(영문) 서울중앙지방법원 2020.05.28 2019가합565972
양수금
Text

1. The defendant shall pay to the plaintiff KRW 391,760,271 as well as KRW 250,000 among them, from December 3, 2008 to the day of full payment.

Reasons

1. In full view of the overall purport of the statements and arguments by Gap evidence Nos. 1, 2, and 3 (including branch numbers for those with additional numbers) as to the cause of the claim, E Co., Ltd. has executive titles equivalent to "the amount equivalent to 20% per annum from December 3, 2008 to the date of full payment" with respect to the defendant's "391,760,271 won and 250,000,000 won" and "the amount equivalent to 20% per annum from December 3, 2008 to the date of full payment."

(2) According to the reasoning of the judgment of this case, the claim of this case was assigned in sequential order to the Plaintiff via F Co., Ltd., G and H limited company, and the notification of the assignment of claim was given to the Defendant at the time of the contract for the transfer of claim at the latest, or the notification of the transfer of claim was made at the latest when the original copy of the instant order was served to the Defendant. Meanwhile, the fact that the Plaintiff filed an application for the payment order of this case for the extension of the extinctive prescription on July 19, 2019, before the lapse of 10 years from September 10, 2009, when the claim under the judgment of this case became final and conclusive, is apparent in the record. Therefore, the Defendant is obliged to pay to the Plaintiff the damages for delay at the rate of 120% per annum as the Plaintiff seeks from December 3, 2008 to the date of full payment. Since the Plaintiff’s representative director with respect to the Defendant’s corporation did not exist within the scope of 30% of the liquidation of this case’s claim.

A person shall be appointed.

2. In conclusion, the plaintiff's claim of this case is justified and it is ordered to accept it.

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