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1. The defendant shall pay to the plaintiff KRW 39,860,998 as well as KRW 39,860,972 as of September 15, 2004 to December 14, 2004.
Reasons
1. In full view of the purport of each statement in Gap evidence Nos. 1 through 3, the Korea Technology Finance Corporation filed a lawsuit against the defendant for the amount of indemnity of 2007da235653 with the Seoul Central District Court on the grounds of the same claim as stated in the separate sheet, and on August 30, 2007, "the defendant shall pay the defendant 39,870,058 won to the Korea Technology Finance Corporation and 39,870,032 won with 14% per annum from September 15, 2004 to December 14, 2004; 16% per annum from the next day to July 5, 2007; and 20% per annum from the next day to the date of full payment." This judgment becomes final and conclusive; the Korea Technology Finance Corporation transferred the claim to the plaintiff on September 25, 2014; and notified the defendant of this fact.
Therefore, the defendant is obligated to pay to the plaintiff the money stated in paragraph (1) of the disposition that the plaintiff seeks within the scope of the above judgment.
2. To this end, the Defendant asserts that no agreement was prepared for a credit transaction agreement of 50,000,000 won from a company bank, and that no amount was loaned to 50,000,000 won.
However, such assertion is not permissible because it is against the res judicata of the judgment finalized in the above case, as it was a defense that existed prior to the closing of argument in the claim for reimbursement case, the Seoul Central District Court 2007Kadan235653, which is the previous suit.
Therefore, the defendant's argument is without merit.
3. If so, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.