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(영문) 서울고등법원 2017.09.21 2016나2521
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. Defendant (formerly named social welfare foundation prior to the change) such as a party is a social welfare foundation for the establishment and operation of a social welfare center, the entrusted operation of a welfare center for the elderly, and the development of the home industry for the elderly (hereinafter “child industry development”) is a company with the purpose of civil engineering work, construction work, etc.

B. Plaintiff’s claim acquisition 1) The Defendant was unable to repay the loan amount of KRW 610 million, the construction cost of KRW 40 million, and KRW 650,000,000,000,000, which is borne by the Defendant for the development of the Asian industry. Around 2009, the Plaintiff requested the Plaintiff to substitute for the debt amount of KRW 200,000,000,000,000,000 for the development of the Asian industry. (2) The Plaintiff paid the loan amount of KRW 200,000 on behalf of the Defendant, and the development of the Asian industry transferred the loan amount of KRW 20,00,000 to the Plaintiff on March 5, 200, and notified the Defendant of the above transfer on July 27, 2009, and reached the Defendant on the next day.

C. On November 19, 2010, the Plaintiff transferred KRW 50 million out of the above amount of KRW 200 million to C, and notified the transfer thereof to the Defendant on November 26, 2010. (2) On October 22, 2013, the Plaintiff transferred the remainder of the amount of KRW 150 million to the Selection Party B, and notified the Defendant of the said transfer on October 23, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 13 (including provisional number; hereinafter the same shall apply) and the purport of whole pleadings

2. The assertion and judgment

A. According to the facts of the judgment on the cause of the claim, the Defendant is obligated to pay to the Plaintiff the balance of KRW 110 million (20 million - KRW 50 million - KRW 40 million), the acquisition amount of KRW 40 million to the Selection B, and the delay damages for each of the above amounts.

B. As to the Defendant’s assertion, the Defendant: (a) on October 1, 2013, as to KRW 150,000,000, which remains after the Plaintiff transferred to C; and (b) D on October 1, 2013.

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