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Reasons
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(영문) 의정부지방법원고양지원 2016.06.10 2015가합3501
양수금
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1. The Defendant shall pay to the Plaintiff KRW 280,00,000 and the interest rate of KRW 15% per annum from January 15, 2016 to the date of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s alleged CF (hereinafter “CF”) holds a claim amounting to KRW 200 million against the Defendant (i.e., KRW 40 million as of April 12, 2010, KRW 40 million as of August 25, 2010) with a total of KRW 280 million as of April 30, 2008.

C Partnership transferred the above claim against the Defendant to the Plaintiff at that time, and notified the Defendant of the above assignment of claim. Accordingly, the Defendant is obligated to pay the Plaintiff, the transferee of the above claim, KRW 280 million, and delay damages.

B. The defendant's assertion received KRW 200 million as a down payment in the process of concluding a sales contract for each real estate listed in the separate sheet between the defendant and C Cooperatives, and the seizure established on the land above KRW 80 million is not borrowed at the request of C Cooperatives, and there still remains a problem of settlement between the defendant and C Cooperatives. Therefore, the plaintiff's claim cannot be complied with.

2. Determination

A. According to the purport of Gap evidence Nos. 1 through 16 (including additional numbers) and Eul evidence Nos. 1 and Eul evidence Nos. 1, the following: (1) on June 3, 2008, the defendant entered into a contract with CF to sell each real estate listed in the separate sheet owned by the defendant (hereinafter "the land of this case") for 2,504,976,000 won (hereinafter "the sales contract of this case") with CF; (200 million won out of the above sales price shall be paid on the date of conclusion of the contract; and (3) on the other hand, the intermediate payment and remainder shall be paid by CF on the part of CF; and (2) CF entered into a contract to transfer the ownership of the land of this case with the defendant on July 30, 2008; and (4) on the other hand, he/she shall be paid 250,000 won in arrears, which is attached to the land of this case.

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