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(영문) 대구지방법원서부지원 2016.10.27 2016가단4536
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,221,059 and the interest rate of KRW 15% per annum from April 5, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. As between B on November 18, 2015, the Plaintiff lent KRW 100,110,00 to B on January 7, 2014 by setting the interest rate of KRW 7% per annum and maturity on March 31, 2015. A notary public prepared a notarized deed No. 854 of 2015, 2015, stating that KRW 128,649,384 was transferred to the Defendant for the purpose of securing the said claim (hereinafter “instant notarized deed”), and thereafter, the said B, on November 18, 2015, notified the Defendant of the transfer of the said claim and notified the said transfer on November 19, 2015.

B. On the other hand, on November 11, 2015, the creditor C was served on the Defendant on November 12, 2015 by the Seogu District Court Branch Decision 2015Kadan30864, which received a provisional seizure order against the Defendant as to the claim amounting to KRW 30 million against the Defendant in the Daegu District Court Branch Decision 2015Kadan30864, and the said decision was served on the Defendant.

C. However, after receiving the notice of assignment of claim and the decision of provisional seizure, the Defendant repaid 30,221,059 won remaining after offsetting the Defendant’s claim against B, which occurred until October 31, 2015, against B, from November 30, 2015.

Then, on December 4, 2015, the Plaintiff received a seizure and collection order from the above court on December 9, 2015, as to the claim for the payment of goods against the Defendant in the Daegu District Court Branch No. 2015TTT8480, as to the claim for the payment of goods against the Defendant in B, and the Defendant received a seizure and collection order from the above court on December 9, 2015.

(hereinafter referred to as “instant claim seizure and collection order”). 【No dispute exists concerning the grounds for recognition, the entries in Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 4 through 6 (including provisional numbers, hereinafter the same shall apply), and the purport of whole pleadings.

2. Determination as to the cause of action

A. 1) The Plaintiff received the claim for the purchase price of goods from B from B, and the Defendant is obligated to pay KRW 30,221,059 to the Plaintiff. 2) Even if the Plaintiff were to do so, the Plaintiff is against the Defendant.

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