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(영문) 광주지방법원 2015.12.23 2015가단43153
양수금
Text

1. The Defendant shall pay the Plaintiff KRW 89,003,00 and the interest rate of KRW 15% per annum from October 15, 2015 to the date of full payment.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. The judgment without pleading (Article 208(3)1 and Article 257 of the Civil Procedure Act) [Grounds: the Defendant submitted a written reply on December 22, 2015, and the Plaintiff’s claim cannot be complied with because it did not consent to the Plaintiff’s act of acquiring claims. However, the Defendant, as in the grounds for the attached claim, has received the notification from the transferor of the instant contract of transferring claims, and there is no evidence that the said claim is prohibited from being transferred, and on the other hand, does not dispute the existence or amount of the transferred claim even with the Defendant, the said contract of transferring claims shall be deemed valid regardless of the Defendant’s consent. Accordingly, the above argument by the Defendant is without merit, and it is deemed that the Defendant submitted a written reply for delay of the lawsuit, and thus, the judgment shall be pronounced without

3. Grounds for partial dismissal: Partial dismissal of a claim for statutory interest rate due to an amendment of the provisions governing statutory interest rates under the main sentence of Article 3 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

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