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(영문) 서울중앙지방법원 2016.01.21 2015가단5194189
양수금
Text

1. The defendant's 79,339,098 won against the plaintiff's intervenor and 5% per annum from May 12, 2001 to March 7, 2005.

Reasons

1. In addition to the allegations and the purport of the entire pleadings in the evidence Nos. 1 through 7, D was sentenced to the judgment that "the defendant transferred to D 79,339,098 won and interest rate, and 5% per annum from May 12, 2001 to March 7, 2005, and 20% per annum from May 12, 2005 until the day of full payment." The above judgment became final and conclusive on June 22, 2005, D transferred the loan claims established by the above judgment to the defendant on July 10, 2008, and notified the defendant of the above assignment of the assignment of claims to the defendant on April 27, 2005, and the plaintiff did not accept the plaintiff's assertion that the plaintiff's assignment of claims was notified to the defendant on May 12, 2001, and the plaintiff's assertion that the above assignment of claims was notified to the defendant on May 27, 2008.

Thus, the defendant is obligated to pay delay damages calculated at the angle of 15% per annum from May 12, 2001 to March 7, 2005, as requested by the defendant, to the plaintiff's final transferee of the loan claim of this case with the amount of KRW 79,339,098 as well as the amount of KRW 5% per annum from May 12, 2001 to March 7, 2005. The plaintiff's claim of this case seeking the payment of the same claim is without merit.

2. Therefore, the plaintiff's claim is justified, and the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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