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(영문) 수원지방법원 2015.05.21 2014가단54782
물품대금
Text

1. The defendant shall pay 50 million won to the plaintiff and 20% per annum from November 6, 2014 to the day of complete payment.

Reasons

The Plaintiff received from the Suwon District Court on August 29, 2014 an order (hereinafter “instant assignment order”) to seize and complete the claim for the amount of KRW 50 million, which the Korea held against the Defendant on September 2, 2014, based on a promissory note No. 370,000,000 in which the Plaintiff owned with UND Korea Co., Ltd. (hereinafter “Nd Korea”). The fact that the written decision of the above order was delivered to the Defendant on September 2, 2014 is either dispute between the parties or all the arguments stated in No. 1 through No. 3, and the Defendant has a claim for the amount of KRW 50,00,000 in goods (hereinafter “instant claim”) against the Defendant. The Defendant is a person who has a claim for the amount of KRW 50,000,000 in goods (hereinafter “instant claim”).

According to the above facts, the defendant is obligated to pay to the plaintiff 50 million won with an amount calculated by the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 6, 2014 to the day of full payment, as requested by the plaintiff, from November 6, 2014 to the day of full payment.

On May 21, 2014, the Defendant received a fixed date notice from Ndrid Korea to transfer the instant claim to Ndrid Co., Ltd. (hereinafter “Ethel”), and asserted that the instant claim was transferred to Ndrid before the assignment order was served on the Defendant, and thus, the Plaintiff could not comply with the Plaintiff’s claim for payment. However, the Defendant was notified by Ndrid Korea on August 13, 2014 that “the assignment of claim made to Ndrid is null and void,” and according to the written evidence evidence evidence Nos. 5 and 7, the seal imprint affixed to Ndrid Korea and Ethel is recognized as being not a Udrid Korea’s seal imprint, and thus, it is limited to EthEL.

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