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(영문) 수원지방법원안양지원 2016.11.17 2016가단109008
양수금
Text

1. The Defendant’s KRW 200,000,000 as well as the Plaintiff’s annual 4.5% from May 18, 2016 to September 30, 2016, and the following.

Reasons

In fact, on September 26, 2014, L&A Ltd. (hereinafter “ELWP”) agreed to supply KRW 2,707,500,000 to the Defendant and telecommunication booms (AK-9000) with KRW 10,00,00, and around that time, paid KRW 200,000 to the Defendant as advance payment.

As the Defendant failed to implement the foregoing arrangement, L&W demanded the return of advance payment on May 12, 2015, and the Defendant returned KRW 100 million up to May 28, 2015 on the same day and KRW 100 million up to June 29, 2015, and paid interest at 4.5% per annum.

On May 16, 2016, L&P transferred the above refund claim against the Defendant to the Plaintiff, and notified the Defendant of the assignment of the claim, and this notification was delivered to the Defendant on May 17, 2016.

[Reasons for Recognition] No dispute exists, Gap evidence Nos. 2, 3, 5, and 6 (including additional number), and the defendant is obligated to pay to the transferee of the claim the interest calculated at the rate of 4.5% per annum pursuant to the agreement from May 18, 2016 to September 30, 2016, which is the delivery date of the application for change of the purport of the claim and the cause of the claim in this case, and the damages for delay calculated at the rate of 15% per annum pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

The plaintiff's claim is accepted.

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