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(영문) 서울중앙지방법원 2017.03.30 2015가합582283
양수금
Text

1. The Defendant shall start on July 24, 2015 for KRW 372,953,710 and for KRW 196,120,842 among the intervenors succeeding to the Plaintiff.

Reasons

1. According to the overall purport of subparagraphs 5-1 and 2 of the Plaintiff’s claim determination, the Plaintiff may recognize the fact that the Plaintiff transferred the Plaintiff’s loan to the Defendant to the Intervenor succeeding to the Plaintiff on March 15, 2016 during the instant lawsuit and notified the Defendant of the assignment of the claim at that time. As such, the Plaintiff cannot seek payment of the above loan against the Defendant.

Therefore, the plaintiff's claim is without merit.

2. Determination as to the claim of the Plaintiff’s succeeding intervenor

A. On March 15, 2016, the Plaintiff succeeded to the instant lawsuit by taking over the claim from the Plaintiff on March 15, 2016, as indicated in the grounds for the claim attachment (However, the obligee is the Plaintiff, the obligor Incorporated Company A is the Defendant), and the Plaintiff’s succeeding intervenor succeeded to the instant lawsuit.

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

C. Since the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553) was promulgated on September 25, 2015 and enforced on October 1, 2015, the Plaintiff’s claim for damages for delay was partially dismissed.

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