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(영문) 수원지방법원안산지원 2020.01.08 2019가단11067
양수금
Text

1. The Defendant’s KRW 102,365,302 as well as the annual rate of KRW 6% from July 1, 2017 to August 5, 2019 and the next day.

Reasons

“A” has a claim for the amount of KRW 122,365,302 against the Defendant, who is engaged in gold-type or special lecture manufacturing and selling business, etc., with the trade name of “A”. However, upon the conversion of the above A into the Plaintiff into the Plaintiff, the instant goods payment claim was transferred on June 30, 2017 to the Plaintiff, and the notification was delivered to the Defendant on July 1, 2017 by the Defendant upon the transfer of the said claim for the payment of the said assignment of claims and the notification for the payment thereof was given. The fact that the Defendant did not pay KRW 102,365,302 out of the claim for the instant goods payment to the present date does not conflict between the parties, or is recognized in full view of the overall purport of arguments as stated in subparagraphs A through 6.

Therefore, the defendant is obligated to pay to the plaintiff the above KRW 102,365,302 as well as damages for delay at each rate of 6% per annum under the Commercial Act from July 1, 2017 to August 5, 2019, which is clear that it is the delivery date of a copy of a complaint, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

Therefore, the plaintiff's claim is justified, and it is so decided as per Disposition.

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