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(영문) 광주지방법원 2016.04.14 2015가단47346
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 26,33,33 and the interest rate of KRW 15% per annum from October 6, 2015 to the date of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1 through 4, 5, 7, and 9 as to the cause of the claim, the same non-party corporation (hereinafter "non-party corporation") held a claim for the price of goods equivalent to KRW 158,00,000 (hereinafter "the claim for the price of goods in this case") to the defendant. The plaintiff was transferred from the non-party corporation on September 9, 2015 the claim amounting to KRW 30,000 out of the above claim from the non-party company on September 15, 2015, and the non-party company was notified of the transfer to the defendant on September 16, 2015 by notifying the defendant of the transfer by a certificate with a fixed date and served on the defendant on September 16, 2015 (the first assignment of claim was served on another company with the name of September 14, 2015). According to the above facts and the above facts, the defendant has an obligation to pay damages for delay.

2. The defendant's defense is alleged to have been extinguished since the claims for the transfer of claims, provisional seizure, collection order, etc. are concurrently deposited, and thus, considering the overall purport of the statement and pleading in the evidence No. 1, the non-party company transferred KRW 50,000,000 among the claims for the goods of this case to the non-party B on September 4, 2015, and notified the defendant by content-certified mail on September 14, 2015, and served the defendant on September 16, 2015. The non-party company transferred KRW 100,000,000 among the claims for the goods of this case on September 11, 2015 to the defendant on September 14, 2015, the non-party company notified the above transfer to the defendant on September 16, 2015 by the certificate with a fixed date on September 14, 2015, the non-party company notified the provisional seizure to the defendant on September 24, 2015,

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