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(영문) 인천지방법원 2016.02.18 2015가합6087
양수금
Text

1. The Defendant’s KRW 240,000,000 as well as 5% per annum from March 1, 2006 to December 24, 2015 to the Plaintiff.

Reasons

1. Indication of claim;

A. C sustained damages from the Defendant in connection with the real estate transaction, and accordingly, on November 23, 2005, the Defendant agreed to pay C the amount of KRW 240,000,000 as agreed amount or damages until February 28, 2006.

B. On August 23, 2012, the Plaintiff received from C the above agreed amount claims or damages claims that C has against the Defendant, and on the same day, notified the Defendant of the assignment of claims by being delegated with the authority to notify the said assignment of claims from C, and at that time, the said assignment of claims became final and conclusive to the Defendant.

C. Therefore, the Defendant is obligated to pay to the Plaintiff, a transferee of the above agreed amount claim or the damages claim amounting to KRW 240,000,000 and damages for delay at the rate of 5% per annum under the Civil Act from March 1, 2006 to December 24, 2015, on which the duplicate of the complaint of this case was served on the Defendant from March 1, 2006, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

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