beta
(영문) 수원지방법원 2017.06.16 2016가합78949

양수금

Text

1. The Defendant shall list the Plaintiff’s KRW 132,00,000 and the Japanese Resources Ulsan Factory from May 1, 2017 as the attached list.

Reasons

1. Basic facts

A. On April 2013, the Defendant concluded a contract to lease each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with the Japanese Resources Ulsan Factory Co., Ltd. and each of the real estate listed in the separate sheet (hereinafter “instant real estate”).

(hereinafter referred to as “instant lease agreement”). Article 1 (1) (2) The monthly rent of KRW 70,000,000 shall be paid in advance on the 1st day of each month (10,000,000). Where the monthly rent is overdue (3) the amount calculated by the amount of arrears x 0.1% x the number of overdue days x the number of overdue days) shall be paid as the overdue charge.

(B) From one year after the date of the contract, the monthly rent is KRW 11,00,000. The lease period of Article 2 (Lease Period) is three years (36 months) from the date of the contract. B. Based on the original copy of the judgment in the Ulsan District Court 2012Gau595 case, the foregoing company is subject to the Ulsan District Court 2012Gau13138, Ulsan District Court 2013, Nov. 12, 2013, Ulsan District Court 2013, as the obligor, the Defendant is the third obligor, and the obligor is subject to the order of seizure and assignment of the claim based on the instant lease agreement held by the obligor against the third obligor (hereinafter “instant assignment order”).

(3) On April 11, 2016, the aforementioned decision became final and conclusive around that time. D. On the same day, the Defendant transferred KRW 260,000,000 out of the total amount of the instant loan to the Plaintiff on April 11, 2016, and on the same day, notified the Defendant of the said assignment of the claim by content-certified mail. [In the absence of dispute, the Defendant did not have any ground for recognition, evidence Nos. 1 through 3, evidence Nos. 1, 2-1, 2-2, and 2-1, 2-2, and the purport of the entire pleadings.

2. Determination as to the cause of action

A. According to the purport of Gap evidence No. 4 and all pleadings, the defendant was served with the entire order of this case and then on January 2014, 2014.