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(영문) 전주지방법원정읍지원 2014.08.26 2014가단114
양수금
Text

1. The defendant shall pay 42,00,000 won to the plaintiff and 20% per annum from February 7, 2013 to the day of complete payment.

Reasons

1. The fact that Nonparty C had a claim of KRW 64 million against the Defendant (hereinafter “instant claim”) before March 2, 2013, and that Nonparty C notified the Defendant that he/she would transfer the claim of KRW 42 million out of the instant claim to the Plaintiff around October 2013, the Defendant is the fact that Nonparty C transferred the claim of KRW 42 million among the instant claim to the Plaintiff on March 2, 2013. The fact that Nonparty C transferred the claim of KRW 42 million out of the instant claim to the Plaintiff on March 2, 2013 can be recognized in full view of the entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings in the witness C’s testimony.

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay the acquisition amount of KRW 42 million and delay damages to the plaintiff, the transferee of the claim, unless there are special circumstances.

B. As to this, the Defendant asserted that the remaining claims except KRW 19,720, out of the instant claims, were paid by the Defendant to Nonparty C with the charges that the Defendant paid to Nonparty C or is to be paid by Nonparty C on behalf of the Defendant, and there is no evidence to acknowledge this (the materials for settlement attached to the preparatory documents submitted by the Defendant after the closing of argument are not submitted on the date of pleading, and therefore no evidence is available for evidence). The Defendant’s above assertion

3. Accordingly, we decide to accept the Plaintiff’s claim on the grounds of its reasoning. It is so decided as per Disposition.

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