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1. The Defendant paid to the Plaintiff KRW 11,216,394 and KRW 7,233,840 among them, 5% per annum from September 16, 2013 to June 23, 2016.
Reasons
1. Facts recognized;
A. On October 17, 2013, the rehabilitation procedure was commenced by Seoul Central District Court 2013 Ma186 on October 17, 2013, which was decided by the rehabilitation plan approval order on March 21, 2014, and the rehabilitation procedure was completed on February 3, 2016.
B. Around July 25, 2013, the Plaintiff (formerly: static Industrial Development Co., Ltd.) entered into a contract to take over the Seoul ready-mixed Business Place operated by the Defendant, and acquired the bonds listed in the separate sheet.
C. Article 3 of the contract provides, “If the transferee is unable to recover the credit amount included in the object of acquisition at a discount rate of 5%, the transferor presents the discount rate to the credit amount included in the object of acquisition as of the date of acquisition, and the period up to the scheduled date of cash receipt confirmed by the transferee,” and “if the transferee has made considerable efforts such as legal measures to collect the credit, the transferor shall re-acquisition the credit amount by adding 5% per annum to the annual interest rate during the period from the date of transaction to the date of re-acquisition.”
On September 11, 2013, the Plaintiff and the Defendant drafted a written agreement on the transfer of sales bonds, and Article 4 (Re-acquisition of Amount to be transferred by the transferor).
1. Notwithstanding the transferee’s efforts to recover (legal measures, etc.), the transferor shall re-acquisition from the transferee, without any condition, the amount not recovered by January 31, 2014 (the remainder of the acquisition price in the attached Form) and the amount calculated by adding the annual interest rate of 5% to the date of re-acquisition from the fixed date to the date of re-acquisition.
4. The transferor shall pay the transferred amount to the transferee by February 10, 2014, and the transferee shall notify the transferor of the transfer of claims in the same manner as the transferor has received the transferred amount at the same time as the transferor has received the transferred amount;
“The Agreement was agreed.”
2. The argument: