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(영문) 수원지방법원안산지원 2017.04.19 2016가단9834

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 34,30,000 and the interest rate of KRW 15% per annum from April 6, 2016 to the date of complete payment.

Reasons

1. The following facts may be acknowledged in light of Gap evidence Nos. 1 through 3, Gap evidence No. 4-1 to 6, Gap evidence No. 5, Gap evidence No. 6, Gap evidence No. 8, Eul evidence No. 9-1, Eul evidence No. 1, Eul evidence No. 3, Eul evidence No. 4, Eul evidence No. 4, and the purport of the whole pleadings in witness Eul's testimony, and there is no counter-proof.

Around January 20, 2012, the Defendant made a written agreement (No. 4) to settle the Defendant’s obligation to pay the construction cost to the Nonparty Company (hereinafter “instant obligation for construction cost”) as KRW 100 million between the Nonparty Company and Nonparty Company (hereinafter “instant obligation for construction cost”). The written agreement has the seal of the representative director D and E of the Nonparty Company and the guarantor E.

B. As of May 21, 2012, a contract for the transfer and takeover of bonds (hereinafter “instant contract for the transfer of bonds”) stating that the non-party company transfers KRW 52,300,000 of the instant claim for construction payment to the Plaintiff was prepared. The instant contract for the transfer of bonds was signed with the seal impression affixed by the non-party company, and the corporate seal impression (Evidence 2) issued on the same day was attached.

C. However, the instant contract for the assignment of claims did not be notified by the certificate of fixed date, but was notified to the Defendant only verbally, and the Defendant paid KRW 3 million each over six times from July 16, 2012 to May 31, 2013 to the Plaintiff, each of which is KRW 18 million. This was partly repaid out of the amount of claims transferred under the instant contract for the assignment of claims.

In addition, the defendant confirmed that, as of September 7, 2013, the non-party company's claim for construction payment that the non-party company transferred to the plaintiff by the non-party company among the claims for construction payment that the non-party company transferred to the plaintiff by the non-party company to the non-party company is KRW 34,30,000,000,000,000,000