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The defendant shall pay to the plaintiff the amount of KRW 153,122,045 and the amount of KRW 45,920,826 from August 25, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. B Co., Ltd. (hereinafter “B”) filed a lawsuit against the Defendant and C, a principal debtor, as the Gwangju District Court Decision 2008Gadan2895, and on March 13, 2008, the Defendant and C jointly and severally filed a judgment with the said court, stating that “49,431,568 won and the amount of 45,920,826 won, calculated at the rate of 29% per annum from December 21, 2007 to the date of full payment” (hereinafter “the foregoing judgment”), and the above judgment became final and conclusive on April 29, 2008.
B. B B B B’s trade name before the change of D Co., Ltd. with respect to the claim for the foregoing judgment amount (hereinafter “instant claim”) on December 28, 2011: “E and hereinafter “D”).
(C) On behalf of the transferor, D transferred the instant claim to the Plaintiff on January 26, 2018, on behalf of the transferor, by content-certified mail. On behalf of the transferor, D sent the notice of assignment of the claim by content-certified mail. On April 19, 2018, the Plaintiff sent the notice of assignment by content-certified mail to the Defendant on behalf of the transferor D. D. As of August 24, 2018, the instant claim is KRW 45,920,826, KRW 107,201,219 (within the scope of the interest rate of the above judgment and reduces the Plaintiff’s interest rate by 15%), KRW 153,122,045 in total. [Grounds for recognition] The purport of the instant claim is as follows: (a) the evidence under subparagraphs 1 through 6 (including each number number, and the purport of the entire pleadings.
2. According to the facts of the judgment on the cause of the claim, the Defendant is obligated to pay to the Plaintiff that acquired the instant claim the amount of KRW 153,122,045 and the amount of KRW 45,920,826, whichever is the principal, to the Plaintiff at the rate of 15% per annum for delay calculated from August 25, 2018 to the date of full payment.
3. Judgment on the defendant's defense
A. The gist of the defendant's defense ① The defendant was not notified of the transfer or acquisition of the claim of this case.
② The instant claim was the cause of the claim.