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(영문) 창원지방법원 통영지원 2018.06.12 2017가단6589
전부금
Text

1. The Defendant’s KRW 128,00,000 as well as the annual rate of KRW 6% from November 3, 2017 to June 12, 2018, and the following.

Reasons

1. The Plaintiff was ordered to pay the loan amounting to KRW 620,000,000 to Nonparty B as Busan District Court Branch Order 2017 tea585 with respect to the loan amounting to KRW 620,000.

B on June 30, 2014, the Defendant agreed to invest KRW 150,000,000 in land development projects for B and D two parcels of Gyeonggi-si C and D, and around that time, paid KRW 150,00,000 to the Defendant.

On April 26, 2017, the Plaintiff was issued an assignment order of claim and assignment order (hereinafter “instant assignment order”) with respect to the claim for return of investment amount, beneficiary-sharing claim, and penalty claim that B would receive from the Defendant as to the above payment order of KRW 426,184,10, which is a part of the claim based on the above payment order of payment. The said order was served on the Defendant on May 1, 2017, and became final and conclusive on May 18, 2017 because the obligor did not raise any objection.

The Defendant paid the Plaintiff KRW 22,00,000,000 on May 12, 2017, and KRW 10,000 on May 23, 2017, and KRW 5,000,000 on June 23, 2017, and KRW 22,00,000,000 on July 20, 2017.

On October 31, 2017, the content-certified mail, which sought the return of investment money and the payment of penalty against the Defendant, sent to the Defendant on November 2, 2017.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 5, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts acknowledged under Paragraph (1) of the judgment on the cause of the claim, the assignment order of this case became final and conclusive, and the Defendant is obligated to pay the Plaintiff KRW 150,000,000 in full, barring any special circumstances.

Furthermore, the Plaintiff claimed for the payment of damages for delay calculated at the rate of 15% per annum from November 1, 2014, but it is not sufficient to acknowledge that the Defendant agreed to repay the investment amount to B until October 31, 2014, and there is no other evidence to support that there was an agreement on the date of repayment of the investment amount. Thus, the Defendant, the obligor, as the obligor, is a debt with no fixed period of time.

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