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(영문) 광주지방법원 2018.01.05 2017가단513106
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from June 9, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant is a management body established around August 9, 2005 to maintain and manage a second underground floor and a seven-story A commercial building located in Gwangju Mine-gu (hereinafter “instant commercial building”).

B. On November 20, 2006, Nonparty C loaned KRW 200,000,000 (hereinafter “instant loan claim”) to the Defendant under the name of the management and operation fund of the shopping mall in this case after setting the due date for payment as January 30, 2007.

(A) No. 1-1-c.

On Apr. 18, 2007, Spoi Korea Co., Ltd. leased KRW 40,000,000 (hereinafter “instant KRW 40 million”) to the Defendant on December 30, 2007 for the purpose of managing and operating the instant commercial building (hereinafter “instant KRW 40 million”).

(A) No. 2-1) d.

The Defendant used all of the instant loans of KRW 20 million and the instant loans of KRW 40 million as the common use management expenses, etc. of the instant commercial building, such as using the electric utility fee payment.

E. On July 26, 2007, Nonparty C transferred a loan claim amounting to KRW 20 million against the Defendant to the Plaintiff. The Plaintiff was delegated with the authority to notify the assignment of the claim at that time, and then requested repayment of the loan to the Defendant. On October 13, 2016, Nonparty C again notified the Defendant by content-certified mail.

F. On July 26, 2007, Non-party Sigh Korea transferred the Defendant’s loan claim amounting to KRW 40 million to the Plaintiff. The Plaintiff, upon delegation of the authority to notify the assignment of the claim at that time, notified the Defendant of the fact of the assignment of the claim and requested the repayment of the loan, and thereafter, notified the Defendant of the fact of the assignment by content-certified mail around October 13, 2016.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 11 (including each number), witness D's testimony, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant of this case, unless there are special circumstances.

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