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1. The defendant shall pay to the plaintiff KRW 500,000,000 as well as 15% per annum from September 30, 2005 to July 29, 2006 and July 2006.
Reasons
1. Determination as to the cause of claim
A. Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 3 (including additional number), the Credit Guarantee Fund filed a lawsuit against the defendant, Eul, and others, with the Gwangju District Court. On January 23, 2007, the above court rendered a judgment on the disposition of the attached Form No. 2006Gahap1215, and the above judgment became final and conclusive around that time (hereinafter "prior judgment"), and ② The Credit Guarantee Fund collected KRW 64,950,980 out of the above judgment on September 25, 2014, and collected the remaining balance of KRW 809,912,903 and damages for delay thereof (hereinafter "claim No. 2") pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. and the Establishment of Korea Asset Management Corporation, and notified the plaintiff of the assignment of the claim No. 2 around that time.
B. According to the above facts, the defendant is obligated to pay to the plaintiff who acquired the claim of this case 50 million won as claimed by the plaintiff among the principal and interest of the claim of this case and damages for delay calculated at the rate of 15% per annum from September 30, 2005 to July 29, 2006 and 20% per annum from July 30, 2006 to the date of full payment.
2. Judgment on the defendant's assertion
A. The summary of the defendant's assertion: (1) the preceding judgment is based on service by public notice to the defendant, and there exists a ground for retrial; (2) the defendant does not have received the notification of transfer as to the claim of this case, and thus, the plaintiff cannot assert the validity of the assignment of claim to the defendant; (3) the commercial prescription period of five years is applicable as commercial claims; and (4) the claim for reimbursement by public notice to the Credit Guarantee Fund.