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(영문) 창원지방법원진주지원 2020.02.20 2019가단36697
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 808,100,370 and the amount of KRW 157,134,776 from July 17, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On May 16, 1994, the Defendant entered into an agreement with C Cooperatives (hereinafter “Inbound Cooperatives”) on a designated intermediary, and accepted the goods from the Nonparty Cooperatives.

The defendant agreed to pay overdue interest at the rate of 19% per annum to the unpaid amount when the non-party union and the defendant fail to settle the amount even after the lapse of 30 days from the date of taking over the goods.

B. The defendant accepted goods equivalent to KRW 262,532,489 from the non-party partnership until August 2000, but failed to pay the price to the non-party partnership.

Accordingly, the non-party union filed an application with the defendant for a payment order with the Changwon District Court Jinju Branch of 2000 tea3664, and on August 28, 2000, the above court ordered the non-party union to pay 262,532,489 won to the non-party union and 262,532,489 won with the rate of 19% per annum from August 20, 200 to the full payment order. The above payment order was finalized on September 15, 200.

C. Around August 2011, the non-party union filed an application with the Defendant for a re-payment order with the Changwon District Court Branch Branch Branching 201Guj2515, and on August 25, 2011, the said court ordered the non-party union to pay the amount of KRW 571,821,114 as well as KRW 157,167,416 as to KRW 157,416 from August 19, 201 to the full payment order, and the said payment order was finalized on October 5, 2011.

On May 28, 2019, the non-party partnership transferred the above claims against the defendant to the plaintiff, and the non-party partnership notified the defendant of the assignment of claims on the same day.

E. As of July 16, 2019, the Defendant’s debt principle amount is KRW 157,134,776, interest rate of KRW 650,965,594, total of KRW 808,100,370.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant's total sum of 808,100,370 won of the principal and interest of the goods price to the plaintiff who acquired the claim from the non-party partnership, and the principal amount thereof, 157.

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