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(영문) 서울중앙지방법원 2016.09.09 2016가합3459

양수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C and the Defendant were aware of C from around 2008, and the Defendant was able to perform C’s duties. On November 29, 2011, Co., Ltd. (hereinafter “D”) is limited to “D” according to C’s instruction.

(2) However, the Defendant did not receive the said stock security loan out of the amount of KRW 600,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000

(hereinafter referred to as the “instant KRW 300 million,” which the Defendant did not return to C.

The plaintiff's transfer of claims and assignment of claims to the defendant of C, while the plaintiff's transfer of claims to C and G on May 9, 2006, the plaintiff's transfer of claims to C and G on the same year.

8.4.150 million won, including a total of KRW 400 million, was invested.

2) The Plaintiff filed a lawsuit against C and G with this court 2008Gahap91987. On January 8, 2009, the Plaintiff brought an action against C and G seeking the payment of the above investment profits. On October 8, 2009, the court rendered a judgment that “The Defendant received a claim against C regarding KRW 300 million from each of the Defendant, and KRW 400,000 among them, 2% per month from October 1, 2007 to the date of full payment, 402,50,000 per annum 20% per annum from December 18, 2008 to the date of full payment, and C received a notice from the Defendant on February 3, 2016 to the date of full payment, and C received a notice from the Defendant as to the above assignment of claims, and notified the Defendant on December 17, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5 through 8, the purport of the whole pleadings

2. The assertion and its judgment

A. According to the facts found in the judgment on the cause of the claim, the defendant is obligated to pay the above KRW 300 million and damages for delay to the plaintiff who acquired the claim of KRW 300 million from C, unless there are special circumstances.

B. The defendant's defense, etc. 1 is decided from C.