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(영문) 의정부지방법원고양지원 2019.07.19 2019가단4833

양수금

Text

1. The Defendant’s KRW 50,000,000 and its amount shall be 15% per annum from March 7, 2019 to May 31, 2019 to the Plaintiff.

Reasons

In full view of the facts in dispute, the facts in Gap's evidence Nos. 1 and 2, and the purport of the whole pleadings, ① A Co., Ltd. owned a claim for the utility model cargo payment against the defendant, and transferred 72 million won out of the above bonds to E, which was notified the defendant of the assignment of the above bonds, ② A re-transfer of the amount equivalent to 50 million won out of the above bonds to the plaintiff around January 22, 2019, which was notified of the assignment of the above bonds to the defendant on January 22, 2019, and the above notification was delivered to the defendant around that time, ③ The F director, who is an employee of the defendant, was assigned to the defendant, on January 21, 2019, transferred 72 million won out of the model cargo payment against the defendant of the corporation D, and us was paid to us, and she again prepared a confirmation document to the effect that the transferee of the above bonds will be repaid to 50 million won out of the above bonds."

According to the above facts, it is reasonable to deem that the Plaintiff acquired KRW 50 million among the claims against the Defendant of E, and the Defendant agreed to pay the Plaintiff to the transferee of the instant claim by preparing the instant confirmation document. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of KRW 50 million per annum from March 7, 2019 to May 31, 2019, as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., from March 7, 2019, the day following the delivery of a copy of the instant complaint to the day of full payment.

The plaintiff's claim is accepted.