(영문) 수원지방법원 2015.07.17 2014가단66440

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(영문) 수원지방법원 2015.07.17 2014가단66440

양수금

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1. The Defendant shall pay to the Plaintiff KRW 29,949,409 and the interest rate of KRW 20% per annum from October 17, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On August 20, 2006, the Plaintiff supplied lubric oil, etc. to C, which was engaged in the lubrication sales business, and C concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant on August 20, 2006 by setting the deposit deposit deposit amount of KRW 70 million with respect to D Apartment 101-dong 207 (hereinafter “instant apartment”) owned by the Defendant and by August 25, 2008.

B. On December 4, 2006, C entered into the following contracts (hereinafter “instant transfer agreement”) with the Plaintiff and the Defendant to transfer the lease deposit claim of the instant lease agreement to the Plaintiff in order to secure the Plaintiff’s obligation to purchase goods, including lubrication, against the Plaintiff.

1. In relation to the instant lease agreement concluded on August 20, 2006 between C and the Defendant, C confirms that the claim for the return of deposit out of the deposit amount of KRW 70 million under the said agreement is KRW 70 million.

4. The assigned claim shall be confirmed to the effect that there are no defects in the assigned claim, provisional seizure, seizure or any other rights.

5. Ascertainment that the Defendant does not have any counterclaim in offset against C.

8. The defendant confirms that, upon the plaintiff's request for payment of the claim acquired under this contract on account of delay in the fulfillment of the obligation to pay the above petroleum products, the defendant must immediately pay it, and if the plaintiff fails to comply with this, the defendant will not raise any objection, such as the defense of simultaneous performance, against C, even if the plaintiff takes legal measures against the defendant.

C. C’s obligation to pay for goods, such as lubrication, against the Plaintiff is not repaid in KRW 29,949,409.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7, witness E's testimony, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant guaranteed C's obligation for the purchase price of goods, including lubrication, to the plaintiff through the instant transfer contract.

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