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(영문) 광주지방법원순천지원 2020.02.05 2019가단75683
양수금
Text

1. As to KRW 112,407,242 and KRW 38,756,106 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 112,407,242 from February 19, 2019 to April 25, 2019.

Reasons

1. Facts of recognition;

A. E organization, a management agency, (hereinafter “E”), guaranteed the Defendant’s obligations for loans to the FF associations three times as indicated in the attached Form cause of the claim, and subrogated the Defendant’s obligations for the above loans. For this reason, the Defendant filed a suit against the Defendant for the claim for reimbursement (this Court Decision 2009Ga536).

B. On April 17, 2009, the above court rendered a ruling that "the defendant shall pay to E 59,053,506 won and 38,756,106 won among them, 15% per annum from November 19, 2008 to February 12, 2009, and 20% per annum from the next day to the date of full payment." The above ruling was finalized on May 29, 2009.

C. On December 21, 2017, the Plaintiff acquired the above claim for reimbursement from E, and on December 27, 2017, E notified the Defendant of the transfer of the above claim by content-certified mail.

The principal amount of subrogation for the claim for indemnity is KRW 38,756,106 in total ( KRW 12,073,958, KRW 8,571, KRW 871, KRW 177 in total). The sum of interest, delay damages, and expenses until February 18, 2019 in the above amount is KRW 73,651,136 in total ( KRW 35,774, KRW 262 in total), and KRW 23,498, KRW 245 in total).

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 5, and 7's statements, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff 12,407,242 won in total (38,756,106 +73,651,136) and 38,756,106 won in total (38,756,136) including the principal amount, interest, delay damages, etc. and the balance of principal from February 19, 2019 to April 25, 2019, the delivery date of the complaint in this case is within the scope of interest rate set forth in the above final and conclusive judgment, which is 12% per annum sought by the plaintiff and 15% per annum from the following day to the date of full payment.

B. The defendant's assertion that E received part of the above claim through compulsory execution against the vessel owned by the defendant, but there is no evidence to acknowledge it.

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