logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.10.24 2016가단16617
전부금
Text

1. The Defendant shall pay to the Plaintiff KRW 90,107,342 and the interest rate of KRW 15% per annum from December 3, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. C (hereinafter “Nonindicted Company”) lent KRW 60 million to the Defendant several times from December 20, 2013 to February 3, 2014, KRW 10 million on May 30, 2014, KRW 20 million on July 4, 2014, and KRW 90 million in total.

B. Since July 26, 2014, D, a representative director of the Defendant and the representative director of the Nonparty Company, did not withdraw KRW 34,734,29 from the account of the Nonparty Company for the supply of goods on several occasions and did not supply the goods to the Defendant.

C. The Plaintiff received a payment order against Nonparty Company for the payment of KRW 262,100,00 from the Seoul Western District Court (Seoul Western District Court 2016Ra857). Based on the original copy of the above order, the Plaintiff filed an application for the attachment and assignment order of the claim against the Defendant, who is the debtor and the third debtor, with the amount of KRW 262,10,000,000, as the claim amount of KRW 2016TTT60,60,000, based on the original copy of the above order, and filed an application for the attachment and assignment order of the claim against Nonparty Company, including loans that the debtor holds against the third debtor, and the delay damages therefor, as the total amount of KRW 139,746,927, May 24, 2016. The above attachment and assignment order was served on the Defendant, who is the debtor on May 27, 2016.

On December 2, 2016, the Plaintiff received KRW 60 million from the Defendant as part of the full amount.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, and 5 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, since a loan claim and a claim for return of unjust enrichment equivalent to the price of goods against the defendant of the non-party company was transferred in accordance with the assignment order of this case, the defendant is obligated to pay the full amount and damages for delay, barring any special circumstances.

B. The defendant's assertion 1) The summary of the defendant's argument is the non-party.

arrow