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(영문) 수원지방법원성남지원 2013.07.02 2012가합22446

양수금

Text

1. The Defendant’s KRW 30,000,000 as well as 5% per annum from September 1, 2010 to November 21, 2012 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1 to 3 (including paper numbers) by reference to the whole purport of the pleadings:

The plaintiff filed a lawsuit against the defendant and the non-party church for the claim for cancellation of ownership. On June 11, 2009, the court of the first instance rendered a decision that "the defendant and the non-party church pay 30 million won and damages for delay to the plaintiff" was "the plaintiff and the non-party church pay 330 million won and damages for delay to the plaintiff." On May 7, 2010, "the non-party church paid 330 million won to the plaintiff until June 1, 2012, the non-party church transferred 30,000,000 won to the plaintiff, and the non-party church transferred 300,000 won to the defendant and the non-party church notified the above 30,000 won and the non-party church notified the above 300,000 won and the non-party church notified the above 300,000 won and the non-party church notified the above 300,000 won and the above 307,000,00 won."

B. At the time of May 7, 2010, the non-party church had a claim for sales amounting to KRW 1.8 billion against the Defendant based on the sales contract concluded on October 26, 2005.

C. On August 27, 2010, the Plaintiff notified the Defendant of the assignment of the above assignment of claims in accordance with the delegation of authority as above.

2. We examine the judgment on the cause of the claim, and even if the transfer of the claim against the defendant by the non-party church to the plaintiff was for securing the plaintiff's claim against the non-party church, the plaintiff can exercise the above claim upon the plaintiff's due date of payment of the claim against the non-party church on June 1, 2012, barring any special circumstance, since the defendant is 30,000,000 won and its transfer money to the plaintiff.