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서울중앙지방법원 2017.09.15 2016가합564657

보증금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) on March 21, 2008 against KoreaMN Co., Ltd. (hereinafter “KoreaMN”) is the Plaintiff’s claim on March 21, 2008.

(2) The loan claim lawsuit (Seoul Central District Court 2008Gahap26686) was filed against and D. On November 28, 2008, "Korea ENA, D from May 29, 2007 to the Plaintiff, and D from April 5, 2008 to the day of full payment, 20% per annum from April 5, 2008 to the day of full payment. The above judgment was finalized on December 26, 2008.2) The plaintiff and IMN agreed on the above claim amount of KRW 390,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,000,00,000,00,000,00,000,00,00,00,00,00,00.

B. On December 15, 2009, KoreaMN lent KRW 1,080,000 to E Co., Ltd. (hereinafter “E”) (hereinafter “the instant loan claim”).

C. On October 28, 2011, 201, the assignment of claims for the instant loan claims to the Korean Company Investment Co., Ltd. (hereinafter “Korean Company Investment”) through the Kerlar International (hereinafter “Kerlar International”) and E consented thereto.

The debt of the above KRW 4,990,000,00, including the loan debt of this case, is to be repaid in installments of KRW 98,000 on October 28, 2012, KRW 1,497,000 on October 28, 2012, KRW 1,497,000 on October 28, 2013, and KRW 2,495,000 on October 28, 2014, and the interest was set at KRW 6% on a yearly basis in accordance with the Commercial Act.