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(영문) 광주지방법원 2016.01.20 2015가단521790

약정금

Text

1. The Defendants jointly share KRW 36,380,264 with the Plaintiff, and 6% per annum from August 31, 2012 to September 4, 2015.

Reasons

1. Judgment on the plaintiff's claim

A. 1) On July 15, 2011, the Plaintiff is deemed to be Defendant CSSS Co., Ltd. (hereinafter “Defendant CS”).

(B) The Gwangju District Court 2012Gahap3410 case (hereinafter “B’s revocation of fraudulent act”) against Defendant CS B

(1) As to the contingent fee of KRW 2,200,00 and the contingent fee of KRW 10% shall be paid immediately (hereinafter “instant contingent fee agreement”).

(2) On August 31, 2012, the case of revocation of a fraudulent act against B was rendered by the first instance court to the effect that “B and C shall cancel the donation agreement concluded between B and C within the limits of KRW 363,802,647, and B shall pay damages for delay from the day following the final and conclusive judgment thereof to C.”

3) The revocation case against B’s fraudulent act was appealed and the Gwangju High Court 2012Na5543 was pending in the appellate court, Defendant KS Asset Management Loan Co., Ltd. (hereinafter “Defendant KS”).

A) upon receipt of the claims against Defendant CSB, and agreed to accept the claims against the Plaintiff by Defendant CS. [The facts that there is no dispute over the basis of recognition, Gap evidence 1, 2, and Eul evidence 3-1, 2, and Eul evidence 2

B. According to the above facts of determination, Defendant CCS is obligated to pay to the Plaintiff the amount of winning the fraudulent act of 363,802,647 won in favor of the Plaintiff pursuant to the contingent fee agreement in this case, 36,380,264 won, and 6% per annum under the Commercial Act from August 31, 2012 to September 4, 2015, the delivery date of a copy of the complaint in this case, 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day until September 30, 2015, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, and Defendant CCC’s acquisition of the above debt.