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Reasons
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(영문) 서울남부지방법원 2016.05.12 2015가단41620
양수금
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1. The defendant shall pay 2,619,178 won to the plaintiff.

2. 1/10 of the costs of lawsuit shall be the defendant, and the remainder shall be the plaintiff.

Reasons

1. Facts of recognition;

A. A. On November 2014, 2014, Geongsan Industrial Complex Co., Ltd. (hereinafter “Seongsan Industrial Complex”) had a claim of KRW 80,000,000 for the purchase price of goods against the Defendant (hereinafter “instant claim”).

B. On December 1, 2014, Masan transferred the instant claim to the Plaintiff and notified the Defendant of the transfer of the instant claim on the same day (hereinafter “transfer of claim”).

C. SP Co., Ltd. (hereinafter “SP”) notified the Defendant on January 12, 2015 upon receipt of the Suwon District Court’s Ansan Branch Decision 2015Kadan100001 with respect to the instant claim, and the Defendant was served on January 12, 2015, upon receipt of the provisional attachment order. SPP made three times to notify the Defendant that “The instant assignment of claims is doubtful that the instant assignment of claims is false, and may be revoked by fraudulent act based on the lawsuit seeking revocation of fraudulent act.”

On March 4, 2016, the Defendant: (a) deposited KRW 80,000,000 of the principal of the instant claim on the ground that the Seoul Southern District Court Decision 2016No. 1088 rendered no conviction as to the validity of the assignment of claim in this case; (b) deposited the repayment on the ground that the Plaintiff or Masan was the deposit, and (c) combined deposit of the execution on the ground of the provisional seizure against the claim by EP.

(hereinafter “Deposit of this case”). [Grounds for recognition] The deposit of this case is without dispute, entry of Gap 1, 2, and 3 evidence, and the purport of the whole pleadings.

2. Determination:

A. 1-A. The above facts of recognition

paragraphs 1 and 2.

According to Paragraph (1), the Defendant is obligated to pay the Plaintiff to whom the instant claim was transferred the amount of KRW 80,000,000 and damages for delay from July 10, 2015 to the date of full payment, which is the day following the day on which a copy of the instant complaint containing the Plaintiff’s declaration of intent to claim the payment, was served on the Defendant, barring special circumstances.

I would like to say.

(b).

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