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(영문) 인천지방법원 2014.10.14 2013가합17038

양수금

Text

1. The Defendants shall pay to the Plaintiff KRW 230,00,000 as well as 30% per annum from July 20, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. A. Around January 25, 2010, Nonparty E entered into an agreement with Nonparty H (the representative was registered as Defendant D I, but Defendant C was substantially operated, Defendant C was changed to Defendant C’s J on October 10, 201) to transfer all the construction site, construction right, and sale right, and the price to be paid after loan completion.

B. On June 14, 2012, E transferred the sale right of 7 households unsold in lots (No. 201, 203, 301, 303, 401, 403, and 501) under the pretext of settlement of the above contract price, etc. to H, and instead transferred the sale right to H, the company, Defendant C, and D on July 30, 2012, and the same year.

8. The Plaintiff received total of KRW 180,000,000 including KRW 90,000,000, and agreed to be paid damages for delay by 39% per annum from the following day when the payment was made.

(hereinafter referred to as "first claim") claims for settlement of accounts held by E against Defendant C and D.

On the other hand, E transfers to H and Defendant C all the business of K Co., Ltd. (hereinafter “K”), one of which is the actual representative, and from H and Defendant C on June 14, 2012, the amount of the transfer price of the above business from H and Defendant C is KRW 20 million on July 30, 2012, and the same year.

8. 30.20 million won was paid in total and agreed to pay 39% damages for delay from the following day when the above payment date was due.

(hereinafter referred to as “second claim”) the transfer price claim he owns against Defendant C.

On January 16, 2013, the Plaintiff acquired claims Nos. 1 and 2 from E (hereinafter “instant contract for the assignment of claims”), and E notified Defendant C and D of the fact of the assignment of claims.

Then, on April 22, 2013, the Defendants issued a loan certificate stating that “20 million won is to be repaid by June 30, 2013,” and “230 million won on July 5, 2013,” and “20 million won on July 5, 2013.”