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1. The Defendant shall pay to the Plaintiff KRW 130,405,00 and the interest rate of KRW 15% per annum from December 10, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On June 26, 2015, the Defendant: (a) purchased (hereinafter “instant sales contract”); (b) KRW 10 million for the payment of the down payment; (c) an intermediate payment of KRW 150 million for the payment of the down payment; and (d) the payment of KRW 1.7 billion for the remainder payment of the remainder payment of KRW 1.7 billion by August 10, 2015; (c) the remainder of the payment of KRW 1.7 billion through the facility funds of the Daegu Bank; and (d) the remainder of the payment of KRW 1.7 billion through the installation funds of the Daegu Bank; and (e) the payment of the remainder in installments from February 28, 2016 to February 36, 2016.
B. On August 26, 2015, Dara was paid KRW 1.7 billion out of the purchase price of the instant sales contract by the Defendant around August 28, 2015, following the delivery of the instant machinery to the Defendant around August 26, 2015.
C. On September 22, 2015, Creatia transferred 130,405,000 won out of the remaining sales price claims pursuant to the above sales contract with the Defendant (hereinafter “instant claim for transfer money”) to the Plaintiff, and notified the Defendant of the purport of the assignment of claim on the same day by content-certified mail.
The above notification reached the defendant around that time.
On the other hand, on May 31, 2016, the Defendant filed a lawsuit on the return of the purchase price and the claim for damages premised on the cancellation of the instant sales contract due to defects in the instant machinery, which was rendered by the Daegu District Court 2016Gahap20371, and was sentenced to a judgment against the Defendant on October 12, 2017, and the said judgment became final and conclusive on October 31, 2017.
(hereinafter referred to as “related litigation”). [Ground for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 3 through 7, the purport of the whole pleadings.
2. In the event that the future bond becomes final and conclusive to a certain extent at the time of transfer and it is expected that its rights will be specified and that will be generated in the near future, it can be transferred to the defendant of Creatia.