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(영문) 대전지방법원 서산지원 2018.05.30 2018가단604
양수금
Text

1. The defendant shall pay 50,51,776 won to the plaintiff and 15% per annum from February 3, 2018 to the day of full payment.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to Gap evidence Nos. 1, 2, and 3 (including paper numbers), the plaintiff was transferred KRW 170,767,040 to the defendant of the non-party company from Kyl language Co., Ltd. (hereinafter "non-party company") on May 6, 2017. The non-party company received 170,767,040 per annum from the non-party company's defendant on May 25, 2017. The non-party company received 170,767,040 per annum from the defendant on May 11, 2017 after deducting KRW 37,862,40, which the defendant transferred to the plaintiff the remaining 132,904,640 per annum by certified document with a fixed date that the defendant transferred the above claim to the plaintiff on May 26, 2017, and the defendant received part of the transfer price of the goods from the non-party company's defendant 5751.75

2. In regard to this, the Defendant asserted that the Defendant was unable to comply with the Plaintiff’s claim on KRW 50,551,776 of the amount of KRW 83,279,200 as the claim amount of August 1, 2017 (Seoul District Court Seosan Branch Branch Office 2017Kadan493), the provisional attachment order (U.S. District Court 2017Kadan204313) was issued on November 4, 2017 with the claim amount of KRW 50,000 as the amount of KRW 50,551,776 of the goods to be paid to the non-party company.

If a debtor satisfies the requirements for setting up against the transfer of claims by notification, etc. with a fixed date after transferring a claim subject to attachment or provisional attachment, even if other creditors of the debtor have already attached or provisional attachment on the transferred claim, the seized claim has already been made at the time of such attachment or provisional attachment.

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