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Reasons
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(영문) 수원지방법원 2016.12.22 2015가합5838
이자 등
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1. The Defendant shall pay to the Plaintiff KRW 224,940,969 and the interest rate of KRW 15% per annum from August 19, 2015 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendant. On March 17, 2010, the Suwon District Court (2009Na7715) rendered a decision to recommend reconciliation that “The Defendant shall jointly and severally with C to the Plaintiff KRW 324,220,550, and to pay the Plaintiff 5% per annum from June 4, 2009 to April 15, 2010, and the amount calculated at the rate of 20% per annum from the next day to the date of full payment” (hereinafter “decision to recommend settlement”). The said decision to recommend settlement became final and conclusive on April 7, 2010.

B. On March 6, 2015, the Plaintiff entered into a claim transfer contract with D, the present in-house director, and the present in-house director (hereinafter “instant contract for assignment of claims”) with respect to claims based on the ruling of recommending prior settlement, and notified the Defendant of the fact of assignment of claims on March 13, 2015.

1. The transferor of a claim shall transfer 324,220,550 won of the claim to be received from the defendant to the assignee of the claim;

2. The transferor of claims shall notify the defendant of the terms of this transfer contract by content-certified mail;

3. The transferor of claims shall not perform any act of obstructing the exercise of the right by the transferee of claims against the transferred claim; and

C. From August 8, 2011 to July 11, 2015, the Plaintiff responded to the Plaintiff that the Defendant repaid KRW 106,208,128,698 to the Plaintiff via a collection order, etc. (the Military Court Decision 2011TTTT 21764, 2013TTT 2013, and 2013TT 24808, etc.) with the title of execution (the Defendant paid KRW 106,208,129 to the Plaintiff). However, the Plaintiff was paid KRW 108,129 from the Defendant.

was recovered.

[Reasons for Recognition] Uncontentious Facts, Gap 1-4 evidence, Eul 1-3 evidence (including each number), the purport of the whole pleadings

2. Summary of both claims;

A. On March 6, 2015, the Plaintiff transferred only the principal claim out of the claims based on the prior settlement recommendation decision to D as a contract for the assignment of claims in this case on March 6, 2015, and accordingly, KRW 331,149,09.

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