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(영문) 의정부지방법원고양지원 2015.11.12 2015가단17
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from February 27, 2015 to the date of full payment.

Reasons

1. The Defendants, on March 26, 2007, prepared a letter of commitment to pay KRW 50,000,000 to D, and D, on June 25, 2014, transferred the Defendants’ claim amounting to KRW 50,00,000 to the Plaintiff, and notified the Defendants of the transfer, may be recognized by taking into account the dispute between the parties concerned or the overall purport of the arguments and the statements set forth in subparagraphs 1, 2, and 3.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 50,000,000 and damages for delay.

The plaintiff filed a claim for damages for delay from March 27, 2007, the day following the date of the above written statement of payment, but considering the overall purport of the statement and pleading No. 1, D and the defendants agreed to pay the above 50,000,000 won bonds after the sale of real estate owned by the defendant C, and did not otherwise agree to interest. Thus, it is reasonable to view that the defendants are liable for delay from the day after the delivery of the copy of the complaint of this case where the plaintiff claimed payment of KRW 50,00,000,000.

Therefore, only the damages for delay from the day following the delivery of a copy of the complaint of this case to the day of complete payment shall be recognized, and the remainder shall be dismissed.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the above KRW 50,000,000 as well as damages for delay calculated at the rate of 20% per annum from February 27, 2015 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.

2. Determination as to the defendants' defense

A. As to the assertion of set-off with the prior claim for indemnity, the Defendants would purchase and resell D’s real estate (hereinafter “instant real estate”) around approximately 13.756 E-gu, Sungnam-si, Sungnam-si (hereinafter “instant real estate”).

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