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1. The Defendant shall pay to the Plaintiff KRW 500,000,000 as well as 20% per annum from October 28, 2014 to the full payment.
Reasons
1. The following facts can be acknowledged as either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 3, and 2-1, and 2.
On April 3, 2012, C Co., Ltd. (hereinafter “C”) transferred to the Defendant all rights pertaining to housing construction projects (hereinafter “instant business rights”) implemented in Ansan-si and 18 parcels (hereinafter “instant business rights”) to KRW 1.5 billion, and agreed to receive KRW 600 million out of the said transfer proceeds in cash and to substitute the payment by the Defendant for taking over the obligation to pay KRW 900 million to C.
B. After that, the Defendant agreed to pay KRW 900 million to C by December 21, 2012, instead of accepting the above debt, when it was unable to repay the debt amounting to KRW 900 million which was acquired by C within the given period, by December 20, 2013.
C. On the other hand, on December 23, 2013, C transferred KRW 500 million out of the instant business title transfer claim held by C against the Defendant to secure the Plaintiff’s obligation to refund the investment deposit amounting to KRW 500 million, and on the same day, C notified the Defendant of such assignment by content-certified mail, but the said assignment of claim was returned on the grounds that the Defendant’s director was unknown.
Accordingly, the Plaintiff filed the instant lawsuit seeking the payment of the acquisition amount after being delegated with the authority to notify the Defendant of the above assignment of claims by C. The duplicate of the instant complaint containing the purport of notification of the said assignment of claims reaches the Defendant on October 27, 2014.
2. Determination
A. According to the above facts of determination as to the cause of claim, barring any special circumstances, the Defendant is at the ratio of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 28, 2014 to the date following the date on which a copy of the complaint of this case was served on the Plaintiff who acquired KRW 500 million among the claim for the transfer proceeds of business title of this case.