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1. The Defendant’s KRW 20 million to the Plaintiff and the Plaintiff’s KRW 5% per annum from December 7, 2015 to June 1, 2016.
Reasons
1. The following facts of the recognition are not in dispute between the parties, or may be admitted in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 5 (including each number, if any).
On April 3, 2012, C Co., Ltd. (hereinafter “C”) transferred to the Defendant all rights pertaining to housing construction projects (hereinafter “instant business rights”) implemented in Ansan-si and 18 parcels (hereinafter “instant business rights”) to KRW 1.5 billion, and agreed to receive KRW 600 million out of the said transfer proceeds in cash and to substitute the payment by the Defendant for taking over the obligation to pay KRW 900 million to C.
B. After that, as the Defendant was unable to repay the above KRW 900 million debt acquired from C within the given period, on December 21, 2012, the Defendant agreed to pay KRW 900 million to C by February 20, 2013 instead of accepting the above debt.
C. On the other hand, on September 22, 2015, C transferred KRW 200 million out of KRW 1,009,299,712 to the Plaintiff, and on September 23, 2015, C notified the Defendant of the assignment of the said claim by content-certified mail, and the said content-certified certificate reaches the Defendant around that time.
2. Determination
A. According to the above facts of determination as to the cause of claim, barring any other special circumstances, the Defendant is obligated to pay the Plaintiff, the transferee of the claim for the transfer proceeds of the instant business title, 200 million won and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from December 7, 2015 to June 1, 2016, which is the date of this judgment, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment, as the Plaintiff seeks.
B. The summary of the Defendant’s argument 1 as to the Defendant’s assertion is that “C’s obligation to pay KRW 900 million to E,” which the Defendant, in lieu of paying the instant obligation for the transfer proceeds of business rights to C, was exempted from liability, F, on December 24, 2012.