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수원지방법원안산지원 2016.08.10 2016가단8848

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 67,179,050 and interest rate of KRW 15% per annum from May 3, 2016 to the date of complete payment.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The following facts may be acknowledged in light of the purport of the entire pleadings as to each statement of evidence Nos. 1 through 3, and there is no counter-proof.

(1) The Plaintiff owned KRW 67,179,050 claims for the purchase price of goods against Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and the Nonparty Co., Ltd entered into a contract with the Plaintiff on September 3, 2015, to give immediate notice of the transfer of claims upon the request of the Plaintiff for the purchase price of goods it had against the Defendant.

(2) Around April 12, 2016, Nonparty Company granted the Plaintiff the authority to notify the Plaintiff that it transferred an amount equivalent to KRW 67,179,050, out of its claims against the Defendant against Nonparty Company, to the Plaintiff. On the same day, the Plaintiff notified the Defendant that the said assignment of claims was made based on the said authority, and the notification reached the Defendant on April 15, 2016.

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff, the transferee of the claim, the amount of KRW 67,179,050, as well as damages for delay.

2. Judgment on the defendant's defense

A. As to this, the defendant, other than the plaintiff, made a provisional attachment of the claim against the defendant of the non-party company as well as notification of the assignment of the claim, and the amount of the assignment of the claim or provisional attachment exceeds the amount of the claim against the defendant of the non-party company, the defendant made a mixed deposit, so the defendant's obligation against the plaintiff was extinguished.

B. Therefore, the following facts can be acknowledged in light of the purport of the entire pleadings as to the entry of No. 4 and the statement of No. 4, and there is no reflective evidence.

(1) On May 31, 2016, the Defendant rendered the non-party company, the Plaintiff, and the non-party A (or B) as the principal deposit, as the head of Suwon District Court’s Ansan Branch, No. 1717, 2016, as the Defendant’s non-party company.