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(영문) 부산지방법원 2016.10.25 2016가단22468

전부금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, based on the facts stated in the judgment of Daejeon District Court Decision 2015Kadan20251, the amount equivalent to KRW 92,148,468 based on the judgment of Daejeon District Court 2015Kadan20251, is the preserved claim, and the Daejeon District Court 2015 Tachi13365, issued an order of seizure and assignment of the claim against KRW 92,148,468, which C owns to the Defendant, and issued the same order as the Plaintiff’s application on November 2, 2015. The order became final and conclusive on November 18, 2015.

(hereinafter referred to as “instant assignment order”). [Grounds for recognition] The parties have no dispute between them, Gap evidence 1-1 and 2-2, and the purport of the entire pleadings.

2. The Plaintiff’s assertion C had the following claims against the Defendant, and the Defendant is obligated to pay KRW 92,148,468 to the Plaintiff, who received the entire claim as an assignment order of this case, and delay damages therefrom.

The Defendant was transferred from C to C on November 20 of the year the sum of 300,000,000 UN on December 13, 190 in the year, and 70,000 UN on December 13, 190 in the year, but did not pay it to the Section Electric Co., Ltd., a seller, and thus, the Defendant is obligated to return it to C.

(see Evidence A 2-1). (b)

Around March 2014, the Defendant received money from C to KRW 2250,00 from the seller of machinery and did not pay 1.5 million among them to Samhee Co., Ltd., a seller. Therefore, the Defendant is obligated to return the money to C.

(See Evidence A 2, 3). (c)

Since the Defendant borrowed 22 million won and 3850,000 UN from C, the Defendant is obligated to pay it to C.

(see Evidence A 3-1). (d)

The defendant is obligated to return the above price to C, inasmuch as the defendant received 5.6 million U.S. transfer from C on a day-to-day basis, but did not deliver the above machinery to C.

(See Evidence No. 3-2). (e)

The Defendant used the head of Tong D’s Tong to borrow KRW 18 million from C ( KRW 3 million on May 20, 201, KRW 18 million on July 18, 201, KRW 5 million on December 19, 201, and KRW 5 million on December 19, 201), and thus, the Defendant is obligated to return it to C.