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(영문) 서울고등법원 2017.06.15 2016나2065597

할부금 등

Text

1. The judgment of the court of first instance is modified as follows.

Defendant:

A. The Plaintiff KRW 34,289,414 and KRW 9,163,704 among them.

Reasons

1. The reasons stated in this part of the underlying facts are as follows: (a) the part of the “1. Basic Facts” from Part 8 to 4, 12, of the judgment of the court of the first instance, except in cases where it is written or added as follows; and (b) thus, they are cited by the main text of Article 420 of the Civil Procedure Act.

The second 10th 10th 10th 10th 1st 10th 2th 10th 1st 1th 201, “Plaintiffs” (hereinafter “Plaintiffs”) shall be deemed to read “Plaintiffs (Catur Capital Co., Ltd., Ltd., was merged and taken over the instant lawsuit at the trial on January 23, 2017, which was after the judgment of the first 1st 201).”

The fourth 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th

A person shall be appointed.

C. The Defendant’s principal and interest on installment financing and the rent in arrears did not pay the Plaintiff the installment payments under the instant installment financing agreement and the rent under each of the instant lease agreements. As of October 22, 2014, the principal and interest on the unpaid portion paid by the Defendant was KRW 9,910,841 (= Principal KRW 9,163,704 KRW 747,137). The unpaid rent was KRW 165,85,706 in total (i.e., KRW 79,697,845 KRW 61,779,288 KRW 24,378,573).

On September 23, 2016, the Intervenor succeeding to the Plaintiff’s acquisition of lease fee claims on each of the instant machinery by transfer (i.e., KRW 141,477,133 on each of the instant machinery (i.e., KRW 79,697,845, 61,79,288) taken over lease fee claims equivalent to the amount of KRW 141,47,133 on each of the instant machinery from the Plaintiff and notified the Defendant of the fact of the assignment of claims on January 20, 2017.

Pursuant to Articles 11 and 12 of the judgment of the first instance court (Article 7 and 8-1 and 2 of the Evidence 7 of the A shall be added to the column of the grounds for recognition) of the fourth judgment of the first instance.

2. According to the above facts finding as to the cause of the claim, the Defendant: (a) KRW 34,289,414 [the sum of the principal and interest on the unpaid portion] KRW 9,910,841 [the principal and interest on the unpaid portion] KRW 9,163,704, KRW 747,137, barring any special circumstances.