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(영문) 대전지방법원 2019.06.19 2016가합107633
양수금
Text

1. The Defendant’s KRW 250,000,000 as well as 5% per annum from December 27, 2016 to June 19, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On December 15, 2016, the Plaintiff entered into a contract with C on the assignment of claims with the content that “C acquires the remainder of KRW 250 million out of the purchase price of KRW 350 million in total of KRW 750,000,000,000,000,000,000 for the purchase price of the Seo-gu, Daejeon-gu, Seo-gu, Daejeon (hereinafter “E 1”) Vitice Center for the 7th century (hereinafter “E 2”), and around July 1, 2015, the Plaintiff notified the Defendant of the said assignment of claims on the same day and issued the notification to the Defendant at that time.”

B. On December 15, 2016, the Plaintiff entered into a contract on the assignment of claims between G and G with the content that “the amount of KRW 20 million (hereinafter “the instant amount of KRW 20 million (hereinafter “the instant amount of KRW 1”) is transferred from G to the Defendant” as of November 6, 2015. On the same day, G notified the Defendant of the fact of the assignment of claims, and then the said notification was delivered to the Defendant at that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence Nos. 4 through 7, and purport of whole pleadings

2. Although the Plaintiff’s assertion C transferred E Nos. 1 and E No. 2 to the Defendant, it did not receive KRW 250 million out of the transfer proceeds, and as to the Defendant, G lent KRW 20 million to the Defendant on November 6, 2015, but it was impossible to receive the payment. However, C and G transferred each of the instant transfer proceeds to the Plaintiff, and notified the Defendant of the transfer of the claim. The Defendant should pay to the Plaintiff the amount of KRW 270 million in total, as well as damages for delay.

3. Determination

A. The judgment on the claim for the transfer money No. 1 of this case is followed.

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