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1. The Defendant’s KRW 21,00,000 as well as the Plaintiff’s annual rate of KRW 6% from October 18, 2014 to November 18, 2015, and the following.
Reasons
1. Facts of recognition;
A. The Defendant, while operating a design firm for automobile contact facilities (C), entrusted the manufacture of bridge JIG, etc. from around March 2010 to December 2010 to E (However, due to the problem of credit, etc., E was registered in the name of father, F, and operated the above company) who operates a manufacturer of automobile contact facilities (i.e., automobile contact facilities).
E has completed the manufacture of the above facilities during the above period and delivered it to the Defendant, and the amount determined as the cost of the manufacture is KRW 228,50,000 (the tax invoice is issued only for the transaction portion of KRW 189,00,000 among the supply value, and the value-added tax is KRW 18,90,000 separately paid).
(hereinafter referred to as “the cost of production of this case”). B.
E on November 27, 2009, lent KRW 21,000,000 to the Defendant as business funds.
(hereinafter “instant loan”). C.
E was paid KRW 93,900,000 out of the production price of this case by the Defendant before September 2010.
E on May 3, 2012, transferred KRW 115,500,000, out of the above product price claim to G, and notified the Defendant of the assignment of the above claim on July 3, 2012.
E. On July 9, 2012, G filed an application against the Defendant for the payment order of KRW 115,50,000 (Seoul District Court 2012 tea6385) that was acquired as above, and the Defendant filed an application for the objection and implemented the lawsuit (Seoul District Court 2012Dahap8422). On April 19, 2013, the said court rendered a judgment that “The Defendant shall pay to G 6% per annum from November 24, 2012 to April 19, 2013, the amount of KRW 20% per annum from the next day to the day of full payment.”
F. On September 2, 2012, E transferred to H the remainder of KRW 38,00,000 out of the production price of this case (=228,50,000 won - KRW 18,900,000 - KRW 93,900,000 - KRW 115,500,000) and the instant loan claims, and notified the Defendant of the said assignment of claims at that time, and H notified the Defendant of the said assignment of claims.