(영문) 대구지방법원 2017.11.29 2017가단120513

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(영문) 대구지방법원 2017.11.29 2017가단120513

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 80,000,000 and the interest rate of KRW 15% per annum from November 8, 2017 to the date of complete payment.

Reasons

1. The indication B (the representative director of the Plaintiff) claimed a loan against the deceased C’s heir D and E as the Daegu District Court 2016Kadan20845, and the said court rendered a ruling of recommending reconciliation with the following content on December 16, 2016, and the said ruling of recommending reconciliation was finalized on January 6, 2017.

1. The Defendants (D and E) shall transfer to A the claim for damages or agreed amount claims arising from an unfair dismissal against the deceased C Co., Ltd., and the claim for the judgment of the case of the Hosan District Court 2009 Ghana8452 (hereinafter referred to as the “Usan City Court”) to A, and give notice of the transfer of the claim to Green C Co., Ltd.

However, the Defendants are to delegate the authority to notify the above assignment of claims to the Plaintiff (B).

2. The Plaintiff waives all civil claims against the Defendants in the future on the grounds of monetary loan to the network C.

3. The plaintiff waives the remaining claims against the defendants.

4. The costs of lawsuit shall be borne by each person;

The claim for damages or agreed amount is KRW 70,000,000 on the ground of unfair dismissal that the deceased C has against the defendant, and the claim for the judgment amount is KRW 10,000,000,000 for damages brought by the deceased C against the defendant, and the total amount of the claims taken over by the plaintiff according to the above decision of recommending reconciliation is KRW 80,00,000 for damages brought by the deceased C.

The plaintiff shall notify the defendant of the assignment of the above claim by serving a duplicate of the complaint of this case.

Therefore, the defendant is obligated to pay to the plaintiff the total sum of KRW 80,000,000 and damages for delay in accordance with the above Reconciliation Recommendation Order.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

참조조문

-민사소송법 제208조 제3항 제3호

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