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(영문) 창원지방법원 2014.06.26 2013가합3163
양수금 등
Text

1. The defendant shall pay 70,000,000 won to each of the plaintiffs and 30% per annum from November 21, 2012 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On September 20, 2012, D Co., Ltd. (hereinafter “D”) drafted a letter of payment under the agreement to pay the Plaintiff a total of KRW 50 million (140 million by November 20, 2012 (hereinafter “instant agreement”) to E Co., Ltd. (hereinafter “E”), the amount of KRW 85 million by subrogation, and the amount of KRW 145 million by November 20, 2012, the Defendant agreed to pay damages for delay calculated at the rate of 30% per annum, when the Defendant fails to perform his/her joint and several liability by November 20, 2012 under the instant agreement (hereinafter “joint and several liability”).

B. On March 4, 2013, E transferred the claim amounting to KRW 70 million, out of the instant contractual claim amounting to KRW 85 million to D (hereinafter “the first assignment of claims or the transfer of claims”), to Plaintiff B, and notified D of the transfer of claims on May 15, 2013. (c) On March 4, 2013, E notified D of the transfer of claims. Of the above contractual claim amounting to KRW 15 million (=85 million - KRW 70 million) to the remainder of KRW 15 million (hereinafter “the second assignment of claims or the transfer of claims”), and notified D of the transfer of claims amounting to KRW 15 million to the Plaintiff (hereinafter “the second transfer of claims”) on May 15, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (if there are additional numbers, including each number; hereinafter the same shall apply), the purport of whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 70 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 from November 21, 2012 to the day of full payment, the agreed interest rate of 30% per annum, which is the agreed interest rate for delay.

B. The defendant against this, D. 100 million won for E.

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