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(영문) 의정부지방법원고양지원 2017.12.14 2017가단3935
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 19, 2010, Seoul Southern District Court Decision 2010TTTT 2010TT 15177, which was issued an order for the attachment and assignment of claims against the Plaintiff E-stock company by taking the claim amount of KRW 300 million based on the No. 825 of D’s D’s D’s D’s D’ as KRW 825,000. On July 13, 2012, C transferred the claim amount of KRW 300 million to the Defendant and notified the transfer of claims to E-stock company on October 18, 2012.

B. On July 11, 2013, the Plaintiff and the Defendant concluded the following agreements (hereinafter “instant agreement”).

On the other hand, the Plaintiff and the Defendant transferred KRW 20 million to the Defendant on the day when the Plaintiff and the Defendant entered into the instant agreement.

If the Defendant receives a claim of KRW 300 million against the Plaintiff (No. 825, 2007, No. 825) from the third obligor E or the court (including deposits) in the distribution procedure (including deposits), the amount remaining after appropriating KRW 140,000 to the Defendant’s claim shall be refunded to the Plaintiff.

(Exception) The sum payable to the Plaintiff shall be paid by the Defendant after deducting the following taxes and public charges imposed by the Defendant.

C. On March 28, 2013, the Defendant received dividends of KRW 113,758,970 in the distribution procedure of the Seoul Southern District Court G District Court G, and received KRW 186,241,030 from E Co., Ltd. on February 10, 2017 and received the total amount of KRW 300 million in the instant transfer proceeds claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 10, 11, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that the defendant agreed to pay to the plaintiff the remainder of KRW 140 million after receiving KRW 300 million. The plaintiff paid KRW 20 million to the defendant through Dong-in F on the day of the agreement. After receiving KRW 300 million, the defendant received KRW 320 million and received KRW 320 million in total. The above KRW 320 million excluding KRW 140 million.

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