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1. The Defendant’s KRW 71,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 15, 2015 to March 30, 2016.
Reasons
1. The fact that the Plaintiff comprehensively transferred the Plaintiff’s business to the Defendant on March 9, 2015 that the Plaintiff would pay KRW 71,000,000 to the transfer price. Since there is no dispute between the parties, or the fact that the Plaintiff received the Plaintiff’s business by transfer may be acknowledged by taking into account the entire purport of the pleadings, the Defendant is liable to pay the Plaintiff the above KRW 71,00,000 and the delay damages therefrom.
2. Judgment on the defendant's assertion
A. The Defendant asserts that the due date has yet to be due, that the above KRW 71,00,000,000 was collected and paid to the Defendant, and that the due date for recovery of claims has not yet arrived.
According to Gap evidence No. 1, it can be acknowledged that the above 71,00,000 won was agreed to pay the existing bonds (D, E) in full as recovered by F (B, the defendant).
However, in a case where the parties are determined to be due when the existence of an uncertain fact occurs, not only when such fact occurs, but also when the occurrence of such fact becomes impossible, the performance shall be deemed due.
(2) In light of the purport of the argument in the evidence Nos. 2006Da24353, Sept. 28, 2006, the Defendant agreed to repay the Plaintiff’s obligation to G on behalf of the Plaintiff. G around April 27, 2015, it can be acknowledged that the Defendant’s claim against the Defendant’s H group against the Defendant’s H group by designating the Defendant as the obligor. As such, G’s seizure of the above “existing claim” that the Defendant would have paid by the Defendant was impossible to recover the above claim, and thus, the above KRW 71,000,000 shall be deemed to have already arrived at the time of the issuance of the above seizure collection order.
The defendant issued the above collection order due to the plaintiff's debt, and the plaintiff is due according to the principle of good faith.