beta
Text
1. The Defendant’s KRW 70,928,591 as well as the Plaintiff’s KRW 20% per annum from February 17, 2012 to March 25, 2019.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) filed a lawsuit against the Defendant with Seoul Southern District Court Decision 2012Kadan6213, Apr. 10, 2012 against the Seoul Southern District Court (hereinafter “C”) and rendered a judgment that “the Defendant would pay C the amount equivalent to KRW 70,928,591 and the rate of KRW 20% per annum from February 17, 2012 to the date of complete payment” and the said judgment became final and conclusive on May 2, 2012.
B. On April 26, 2010, the Plaintiff loaned KRW 50 million to C, KRW 10 million on July 10, 201 of the same year, and KRW 30 million on December 3, 12 of the same month, and written and received a payment note from C to pay KRW 90 million on April 30, 2015 by December 20, 2015.
C. On April 11, 2018, C transferred to the Plaintiff the amount of KRW 70,928,591 for goods based on the above judgment and the damages for delay thereof (hereinafter “instant claim”), and notified the Defendant of the fact of transfer on January 15, 2019.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the above acquisition amount of KRW 70,928,591 as well as damages for delay at each rate of 12% per annum from February 17, 2012 to March 25, 2019, the service date of the original copy of the instant payment order, from March 25, 2019; 15% per annum from the next day to May 31, 2019; and 12% per annum from the next day to the day of full payment.
(5) On May 21, 2019, Article 2(2) of the Addenda to Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019; 15% per annum from the day following the service of the original copy of the payment order to May 31, 2019; and 12% per annum from June 1, 2019, respectively; and part of the Plaintiff’s claim for delay damages is dismissed).