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(영문) 대전지방법원 2017.02.01 2016가단33056
양수금
Text

1. The Defendant’s KRW 30,000,000 as well as 5% per annum from July 1, 2016 to November 21, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant did not deposit an amount equivalent to KRW 46,00,000 for sales proceeds in the non-party corporation C (hereinafter “non-party corporation”)’s complaint with the non-party corporation (hereinafter “non-party corporation”) and did not pay to the non-party corporation the amount equivalent to KRW 46,00,000.

B. The non-party company transferred 30,000,000 won out of the above claim against the defendant to the plaintiff, and notified the defendant thereof.

C. The Defendant promised to pay the Plaintiff KRW 30,000,000 by June 30, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 30,000,000 won and damages for delay at each rate of 5% per annum prescribed by the Civil Act from July 1, 2016 to November 21, 2016, which is obvious in the record that the delivery date of the complaint in this case is the delivery date of the complaint in this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. According to the conclusion, the plaintiff's claim of this case is accepted as reasonable.

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