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(영문) 의정부지방법원 고양지원 2018.09.07 2018가단2151
청구이의
Text

1. The Defendant’s settlement statement against the Plaintiff is based on the Defendant’s settlement statement as of December 12, 2016.

Reasons

In fact, the defendant shall pay 7,00,000 won to the applicant (the plaintiff of this case) by December 12, 2016 in this Court 2016 money settlement case No. 74679 against the plaintiff: Provided, That where the respondent does not pay the above amount by the payment date, the respondent shall pay 15% interest per annum on the unpaid amount by adding the damages for delay calculated at the rate of 15% per annum from the date following the payment date to the date of full payment."

(2) On the other hand, on September 2, 2014, “The Defendant (the Defendant of this case) shall pay KRW 15,200,00 to the Plaintiff (C) immediately after selling No. 1 and/or 302 of the E-Housing No. 1 and receiving the purchase price, which was owned by the Defendant, in the case of the construction price of this court No. 2013Gada47597 against the Defendant.” Meanwhile, on September 2, 2014, the content that “The Defendant (the Defendant of this case) shall pay KRW 15,20,000 per annum from the day following the date of receipt of the purchase price to the day of complete payment.”

(2) The Defendant sold the said protocol to F and G for the purpose of KRW 154,00,00 on August 5, 2015 and completed the registration of ownership transfer on October 5, 2015.

From December 27, 2017, the Plaintiff acquired the claim under C’s conciliation protocol against C’s Defendant on September 2, 2014.

The claim that the plaintiff acquired by transfer is referred to as "the claim that the plaintiff acquired by transfer" as above.

(2) On the same day, C notified the Defendant of the assignment of the claim and sent the notification to the Defendant around that time. On February 12, 2018, the Plaintiff notified the Defendant of the set-off of one’s obligation under the instant conciliation protocol against the claim for the transfer of this case. The notification reached the Defendant at that time (based on recognition).

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