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1. As to the Plaintiff KRW 119,660,00 and KRW 42,500 among them, the Defendant shall pay to the Plaintiff KRW 119,660,000 from June 28, 2008, KRW 34,660,00.
Reasons
1. Basic facts
A. C filed an application with the Defendant for a payment order claiming compensation against the Defendant as Seoul Eastern District Court Decision 2009j 11936, Nov. 24, 2009, “The Defendant shall pay C 119,60,000 won and 42,500,000 won among them, from June 28, 2008, from September 25, 2008, from 42,500,000 won to 34,660,000 won, from October 16, 2008 to 11936, and from the next day to November 27, 2009 to 200% of the annual payment order to 20,000 won to 34,660,000 won were issued to the Defendant (hereinafter “instant payment order”) and the issuance was made to the Defendant as 200% of the payment order to 19,200.
B. In Busan District Court case No. 2014 Ghana 8949, the Plaintiff and C entered into a mediation containing that “the Plaintiff acquires the claim from C from C to the Defendant under the instant payment order.” The Seoul Eastern District Court Decision No. 2016Kaga 108, which notified the Defendant of the transfer of the claim.
(c)
The Plaintiff filed the instant lawsuit for the extension of the statute of limitations for the claim for the instant payment order.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff who acquired the claim under the payment order of this case 119,60,000 won and 42,500,000 won among them, from June 28, 2008; from September 25, 2008; from October 16, 2008 to November 27, 2009; and from November 27, 2009 to the day of full payment, delayed damages calculated at the rate of 20% per annum from the next day to the day of full payment.
B. As to the defendant's assertion, the defendant asserts that there is no fact of the occurrence of promissory notes, which are the cause of the claim based on the payment order of this case, nor of tort of deception.
Modern, A, 1.