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(영문) 수원지방법원안양지원 2019.07.04 2018가합103094

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 5,00,000,000 as well as 15% per annum from July 14, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. C (hereinafter “C”) entered into a payment guarantee transaction agreement with the Defendant on July 9, 1997 and guaranteed the Defendant’s debt to E Co., Ltd. according to the said agreement.

On June 10, 1999, C Co., Ltd. repaid to E Co., Ltd. the sum of the principal and interest of the above debt amounting to KRW 23,340,659,636 on June 10, 199. Pursuant to the above payment guarantee transaction agreement, Co., Ltd. held the Defendant with substitute payment claim equivalent to the above amount (hereinafter “instant claim”).

B. Around October 2000, Co., Ltd. transferred the instant claim to F limited liability companies and notified the Defendant thereof at that time. Around March 2003, F limited liability companies transferred the instant claim to G limited liability companies and notified the Defendant thereof at that time, and G limited liability companies transferred the instant claim to the Plaintiff on October 31, 2007, and thereafter notified the Defendant thereof.

C. Meanwhile, on January 5, 2002, the F limited liability company filed an application for provisional attachment (hereinafter “provisional attachment”) with the debtor’s deposit claims against H, Inc., I, J, K, K and D as the preserved right by Suwon District Court Decision 2002Kadan562 on January 5, 2002, and the F limited liability company filed an application for provisional attachment (hereinafter “provisional attachment”) with the debtor’s deposit claims against H, Inc., J, K, and D, and received a provisional attachment order from the above court as of January 7, 2002, and served the third debtor on January 9, 2002.

G Limited Company filed an application for provisional attachment on October 14, 2005 with Suwon District Court 2005Kadan10317 (hereinafter “the provisional attachment of this case”) on deposit claims against the obligor’s Ansan-si as the preserved right. The provisional attachment order was issued by the above court as of October 21, 2005, and the provisional attachment order was served on the garnishee on October 26, 2005.

E. The Plaintiff, May 2, 201, against the Defendant, at this Court No. 2011 tea2126.