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The Defendant’s KRW 108,008,122 as well as the Plaintiff’s annual rate of KRW 5% from May 1, 2014 to August 23, 2017.
Reasons
1. Basic facts
A. On December 11, 2013, Namyang F&C Co., Ltd. (hereinafter “Namyang”) entered into a contract with the Defendant on the transfer price of the machinery and equipment, parts, etc. (hereinafter “instant machinery and equipment”) owned by South and North Korea (hereinafter “instant machinery and equipment”) with the transfer price of KRW 300,000,000, and the due date of payment on April 30, 2014 (hereinafter “instant contract”).
B. On October 19, 2015, the Plaintiff acquired the claim amounting to KRW 240,000,000 remaining after deducting the Defendant’s amount of KRW 60,000,000, out of the transfer price claim amounting to KRW 300,000 under the instant contract against the Defendant in Southyang from Southyang, and notified the Defendant of the fact of the assignment of claim on the same day as the assignment of claim.
C. Meanwhile, the Defendant repaid the Defendant the sum of KRW 80,000,000 among the transfer proceeds up to November 20, 2014 before receiving the notice of the said assignment of claims, and acquired KRW 46,00,000 for the remaining support of A on June 9, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Gap evidence 6-1 to 6, Eul evidence 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remaining transfer price of KRW 174,000,000 (=300,000,000- - Payment Amount of KRW 80,000)) and damages for delay, which were paid to the Plaintiff who acquired the above transfer price claim, unless there is a special reason to the contrary.
(1) The plaintiff's claim amount of KRW 46,00,000 against the southyang of A acquired by the defendant is deducted from the claim amount of this case. In light of the above, the claim amount of KRW 46,00,000 against the southyang of A acquired by the defendant and the claim amount of KRW 46,000 against the defendant in Southyang seems to have been offset within the limit of KRW 46,00,000.
As to the Defendant’s assertion and the collection order 1B, the Defendant, prior to the Plaintiff’s transfer of the claim for the transfer price of the instant machinery and equipment, and the obligee B and the obligor.