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(영문) 창원지방법원통영지원 2016.02.04 2015가단6103

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from August 12, 2015 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. 1) On June 19, 2015, the Plaintiff’s credit amounting to KRW 70,000 (hereinafter “instant credit”) that C owns against the Defendant from June 19, 2015.

(2) On June 25, 2015, the Plaintiff notified the Defendant of the transfer of the claim on behalf of C, the transferor of the instant claim.

(3) The grounds for recognition are as follows. (4) The grounds for recognition are that there is no dispute between the parties, each entry in the evidence No. 1 through 4, and the purport of the whole pleadings, as a whole, in accordance with the purport of the Plaintiff’s assertion.

B. According to the above facts of recognition, the Defendant, the obligor of the instant claim, is obligated to pay to the Plaintiff, the assignee of the instant claim, 60 million won out of the amount of the claim transfer, and to pay damages for delay calculated at the rate of 15% per annum, as claimed by the Plaintiff, from August 12, 2015 to the day following the delivery date of the original copy of the instant payment order from August 12, 2015 to the day of complete payment.

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Defendant borrowed KRW 120,000 from C, and thereafter, it was required from C to receive KRW 148 million as real estate brokerage commission in connection with the sale and purchase of the D factory site at C. However, the Defendant agreed that this brokerage commission is not KRW 148 million, but KRW 70,000 (hereinafter “instant agreement”).

) After doing so, 120,000 won of the above borrowed loan, deducting KRW 70,000,000 from the brokerage commission, and agreed with C to pay a total of KRW 60,000,000,000,000,000,000,000,000,000,000 won. However, the agreement in this case is null and void by force. 2) Accordingly, the Defendant should

3 The defendant shall receive the remainder of 70 million won from C with respect to the sale and purchase of the factory site, such as E, etc.