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(영문) 창원지방법원 2015.08.13 2014가단25378
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from October 3, 2014 to the day of complete payment.

Reasons

1. The facts below the basis facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and 4, taking into account the overall purport of the arguments.

A. On May 30, 2008, the Plaintiff lent KRW 50 million to C, and upon C’s failure to pay the said money, the Plaintiff filed an application for payment order with the Changwon District Court Decision 2012j1097 against C around April 2012.

On April 30, 2012, the above court ordered C to pay the Plaintiff KRW 50 million and delay damages. The above payment order was finalized around that time.

B. On July 19, 2012, the Plaintiff received dividends of KRW 1,287,000 out of the proceeds of sale of C corporeal movables in the auction procedure for corporeal movables (corporeal movables) in the Busan District Court’s Branch Branch Branch Branch No. 2012No. 1998, a title of execution with an order to make a payment

C. In May 201, the Defendant: (a) received fraternity payments from C, etc. as the lead of the successful bidder; and (b) on April 3, 2013, prepared a cash storage certificate that keeps KRW 30 million to C.

On April 12, 2013, the Plaintiff entered into an agreement with C to assign C’s claim amounting to KRW 30 million to the Plaintiff. On the same day, C notified the Defendant of the fact of the assignment of claim by content-certified mail.

2. According to the above facts of recognition, the defendant is obligated to pay 30 million won to the plaintiff who acquired C's claim against the defendant. 2) The defendant asserts that prior to the plaintiff's transfer of claim, the defendant sold the Nos. 25 million won to C with the market price of KRW 30 million to KRW 15 million to KRW 15 million to KRW 30 million, and the defendant was exempted from all obligations by C.

In full view of the aforementioned evidence evidence evidence Nos. 3 and 1, the Defendant sold Nos. 15 million won to C on April 3, 2013 (2009 formula, D), and five million won out of the purchase price of the above vehicle.

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