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(영문) 서울북부지방법원 2015.04.03 2014나7146
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. On October 29, 2003, the Plaintiff filed a lawsuit claiming transfer money for the payment of KRW 10 million and delay damages against the Defendant on the ground that “The Defendant is obligated to pay KRW 10 million to C,” which is the Seoul Central District Court Decision 2003Gaso23806, the Plaintiff acquired the right to return the lease deposit from C, and the Plaintiff and C notified the Defendant of the acquisition of the above claim.” On April 22, 2004, the Plaintiff and the Defendant established conciliation as follows (hereinafter “instant conciliation”).

1. The defendant shall pay 6 million won to the plaintiff up to June 30, 2004.

However, if the defendant does not pay the above amount by the above payment date, the unpaid amount shall be paid in addition to the damages for delay at the rate of 15% per annum from the date following the payment date to the date of full payment

2. The plaintiff waives the remaining claims.

3. The costs of lawsuit and mediation shall be borne by each person;

【Ground for recognition】 The fact that there has been no dispute, Gap 1, Eul 2, the purport of the whole pleading

2. The Plaintiff’s assertion and the Defendant concluded the instant conciliation, and the Plaintiff received KRW 6 million from the Defendant on June 29, 2004, but the said money was leased a factory owned by the Defendant in Kimpo-si, and received the lease deposit upon termination of the lease agreement. Thus, the Defendant is obligated to pay the Plaintiff KRW 6 million and the damages for delay.

3. Facts of recognition;

A. 1) The E Co., Ltd. (hereinafter “E”) operated by the Plaintiff as the representative director, including the location of E Co., Ltd.

The location of the place of business indicated in the business registration certificate is "Magpo City F," and the location of the factory owned by the defendant is "D," and the defendant leased the above D factory to C, a director of E, with a deposit of KRW 10 million around December 1995, and C transferred to the plaintiff the right to refund the lease deposit amount of KRW 10 million around October 2003.

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