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(영문) 서울중앙지방법원 2017.03.31 2015가단5338347
양수금
Text

1. The plaintiff's claim is dismissed.

2. The defendant shall pay to the plaintiff succeeding intervenor KRW 22,962,636 and KRW 22,028,90 among them.

Reasons

1. On May 20, 2016, after the filing of the instant lawsuit, the Plaintiff’s claim against the Defendant was transferred to the Intervenor succeeding to the Plaintiff on May 20, 2016, and notified the Defendant of the transfer. The Plaintiff’s claim against the Defendant is without merit, on the grounds that the Plaintiff’s claim against the Defendant is recognized by comprehensively taking account of the entries in subparagraphs 1

(2) On June 21, 2016, the Plaintiff’s successor submitted a written withdrawal from a lawsuit on June 21, 2016, but without the Defendant’s consent, and the Plaintiff’s withdrawal from the lawsuit does not have the effect of withdrawal from the lawsuit). 2. The fact that there is no dispute between the parties, or that the Plaintiff transferred the Plaintiff’s claim to the Intervenor and notified the Plaintiff of the transfer of the claim to the Defendant. As seen earlier, the Defendant is obligated to pay to the Intervenor’s successor the delayed payment interest rate of KRW 22,962,636, and the principal amount of KRW 22,028,90,00 as of August 21, 2015, the following day, to the day of complete payment.

3. The plaintiff's claim is dismissed as it is without merit, and the plaintiff's claim is justified and it is so decided as per Disposition.

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