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(영문) 서울서부지방법원 2018.08.17 2017가단237042

양수금

Text

1. The Defendant’s KRW 67,638,780 as well as the Plaintiff’s KRW 5% per annum from October 13, 2017 to November 6, 2017, and the following.

Reasons

1. Facts recognized;

A. The Plaintiff has a claim for the return of investment amount to ASP Co., Ltd. (hereinafter, ASP).

B. The Sactbook has a claim for the purchase price of goods of KRW 67,638,780 to the Defendant.

C. On May 25, 2017, Apactbook transferred to the Plaintiff all claims for the purchase price of goods to the Defendant, such as the foregoing Paragraph b, and delegated the Plaintiff the authority to give notice of assignment of claims.

On October 11, 2017, the Plaintiff notified the Defendant of the assignment of claims as described in the above sub-paragraph (c) by content-certified mail, which is a document with a certified fixed date, and this notification was delivered to the Defendant on October 12, 2017.

E. The Plaintiff also stated a peremptory notice demanding performance in the notice of assignment of claims, such as the foregoing subsection (d).

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 6, the purport of the whole pleadings

2. In light of the facts established in the judgment on the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 67,638,780, and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from October 13, 2017 to November 6, 2017, which is the delivery date of the decision on the payment order of this case, as sought by the Plaintiff, from October 13, 2017 to the delivery date of the decision on the payment order of this case, and from the next day to the date of full payment, 15% per annum as stipulated

3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.