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Reasons
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(영문) 광주지방법원 2018.09.12 2017가단525017
양수금
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1. The Defendant’s KRW 150 million to the Plaintiff, as well as 5% per annum from April 24, 2017 to October 13 of the same year.

Reasons

1. Facts of recognition;

A. On January 25, 2017, C Co., Ltd. (hereinafter “C”) sold to the Defendant KRW 45,512 square meters, and KRW 35,000,000,000,000,000,000,000,000.

The intermediate payment date shall be the same year.

2. 23. The balance payment date shall be the same year; and

3. 23.In each case,

(B) C performed the obligation to transfer ownership of the subject matter to the Defendant as stipulated in the above sales contract. B. C is an amount of KRW 458 million out of the purchase price against the Defendant on March 20, 2017 (excluding the collateral security obligation to be acquired by the Defendant) (the amount actually paid, excluding the collateral security obligation to be received by the Defendant).

(C) in the form of power assignment contract (No. 2) in the form of power of attorney has been drawn up to E on the same day.

F For the same year:

3. On 24. 24. The above contract for the assignment of claims stated to the effect that “the Defendant consented to the assignment of claims as the Defendant’s agent,” and the Defendant, on the same day, remitted KRW 10 million out of the remaining amount to E.

C. Thereafter, in lieu of early repayment of KRW 130,00,000,000,000,000 from the original debtor C by the Plaintiff and C, E agreed to have the Plaintiff receive directly payment from the Defendant, out of the above remaining claim (400,000,000,000,000,000,000,000 from the Defendant acquired from C.

Accordingly, on April 24, 2017, C transferred to the Plaintiff of KRW 150 million out of the claim for the remainder payment (Evidence 3) and C of the said remainder payment claim amounting to KRW 2379 million out of the above remainder payment claim.

3.24. The amount that reflects the above 10 million won repaid.

(D) a new assignment of claims (No. 3) with the content that it will be transferred to E;

F has been involved in the business of the defendant company since the time when the above sales contract was concluded in order to jointly promote the apartment sales business as the business partnership or assistant of the defendant representative G.

F For the foregoing reasons:

3. 20. The assignment of claims as well as the transfer of claims.

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