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(영문) 대구지방법원 2018.06.21 2018가단8986
양수금
Text

1. The Defendant’s KRW 45,412,240 as well as 5% per annum from April 7, 2018 to June 21, 2018 to the Plaintiff.

Reasons

1. The following facts acknowledged in full view of the entries in subparagraphs 1 through 4 above and the overall purport of pleadings:

(c) a.

C (mutual:D) through transactions with the Alley support group with the Defendant (FE), has the outstanding amount of KRW 15,00,000,000 related to the transaction in November 2017, and the outstanding amount of KRW 20,805,876,876, and the outstanding amount of KRW 24,606,364 related to the transaction in January 2018.

(A) No. 3, b.

As a representative of workers employed by C, the Plaintiff was entitled to receive the wage and retirement allowance claims of workers, and C was assigned to the Defendant.

C. The assignment of claims between the Plaintiff and C as of January 18, 2018 (Evidence A2) is a transfer of the entire claim (the amount is not indicated separately) for the portion of December 2017, 2017, which C holds against the Defendant, and for the entire claim for the purchase of the aggregate support group not paid for January 2018, 2018.

C On January 18, 2018, with content-certified mail (Evidence A No. 1), notified the Defendant that the Defendant would transfer to the Plaintiff the entire claim for the payment of the aggregate support team for December 2017 and January 2018 against the Defendant for the payment of the total amount (not indicated in the calendar amount). The said mail was sent to the Defendant on January 19, 2018.

(A) According to the above facts, the Defendant, the obligor, is obligated to pay to the Plaintiff, the assignee of the claim, the outstanding amount of KRW 45,412,240 (=20,805,876 Won 24,66,364) and the delay damages therefrom, which are related to the transaction in December 2017 and January 2018.

3. The Plaintiff sought payment of KRW 60,412,240,00,00, which is the total amount of the outstanding amount of the purchase price of the aggregate sheet that C had against the Defendant. However, as seen earlier, the outstanding amount of KRW 15,00,00,00 related to the transaction in November 2017 is not a claim that the Plaintiff received (no evidence exists to acknowledge that the Plaintiff received the transfer of this part of the claim). The Plaintiff’s claim on this part cannot be accepted.

4. The defendant is the other creditor of C.

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