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(영문) 인천지방법원 2015.12.24 2015가단53260
양수금
Text

1. The Defendant against the Plaintiff-Appointed Party A, KRW 110,00,000, KRW 40,000, and each of the above amounts.

Reasons

1.The facts following the facts of recognition do not conflict between the parties or may be recognized by taking into account the whole purport of the pleadings in each entry in Gap evidence of Nos. 1 to 13 (including the branch numbers if any):

The defendant (former trade name is the Korea Social Welfare Association, and the name of the defendant was changed around November 1, 2013) is a corporation with the purpose of establishing and operating a social welfare center, social welfare counseling, etc., and the development of the home industry of the non-party corporation (hereinafter referred to as the "child industry development") is a corporation that performs construction works such as civil engineering works and construction works.

B. Plaintiff A’s claim acquisition 1) The Defendant: (a) paid KRW 610,00,000 and the construction cost of KRW 40,00,000 and the total amount of KRW 650,000; (b) on behalf of the Defendant, the Defendant requested the Plaintiff A to pay KRW 200,000 out of the debt for the development of the Ghana industry on behalf of the Defendant; (c) around 2009, the Plaintiff paid KRW 200,000 on behalf of the Defendant; and (d) around March 5, 2009, the development of the Ghana industry on behalf of the Defendant, transferred KRW 20,000 among the debt owed to the Defendant on behalf of the Defendant, and notified the fact of transfer on July 27, 2009 and reached the Defendant on behalf of the Defendant on July 28, 209.

C. On November 19, 2010, Plaintiff A transferred KRW 50,000,000, out of KRW 200,000,000 to Nonparty C, and notified the transfer of the credit, and Plaintiff A reached the Defendant around November 26, 2010. Meanwhile, around October 22, 2013, Plaintiff A transferred KRW 40,000,000, out of the remainder of the transfer to Nonparty B, and notified the Defendant of the fact of the transfer to Defendant on the same day, and reached the Defendant on October 23, 2013.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is reasonable to view that the defendant is the plaintiff Gap's claim for performance against the amount of KRW 110,00,000 (=200,000,000 - KRW 40,000,000 - KRW 50,000), the transfer amount of KRW 40,000,000 and each of them.

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