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(영문) 광주지방법원 순천지원 2018.02.01 2017가단5178
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 105,00,000 and the interest rate of KRW 20% per annum from May 16, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 10, 2016, Tae Chang Construction Co., Ltd. (hereinafter “ Tae Chang Chang Construction”) leased KRW 220,00,000 to the Defendant with the maturity date fixed on October 31, 2016, and drafted a loan certificate with the content that the Defendant will pay interest of KRW 20,000 per annum from the day following the maturity date to the repayment date.

(hereinafter referred to as “loans, etc., on October 31, 2016” (b)

On January 3, 2017, Tae Chang Construction transferred 105,000,000 won and damages for delay, which were not repaid to the Plaintiff on October 31, 2016, to the Defendant. On March 15, 2017, it notified the Defendant of the assignment of the claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff 105,00,000 won that the plaintiff acquired from Tae Chang Construction and the damages for delay at the rate of 20% per annum from May 16, 2017 to the date of complete payment, as the plaintiff seeks.

In regard to this, the Defendant alleged to the effect that, although the Defendant had awarded a contract for civil and construction works to Tae Chang Construction, it did not pay a loan as of October 31, 2016 due to the defect in Tae Chang Construction, the Defendant’s assertion is without merit, since there is no evidence to acknowledge it.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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