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(영문) 서울서부지방법원 2020.07.09 2019가합38703

양수금

Text

1. The Plaintiff:

A. As regards Defendant B limited partnership companies, KRW 3,057,660,511 among them and KRW 1,509,187,409 among them, Defendant B limited partnership companies shall have the effect on October 11, 2019.

Reasons

1. Indication of claim;

A. On November 15, 2013, Defendant B Limited Partnership (hereinafter “Defendant B”) entered into a credit transaction agreement (hereinafter “instant credit transaction agreement”) with F Co., Ltd. (hereinafter “F”), with a limited amount of KRW 1,700,00,000, interest rate of KRW 4.63%, and interest rate of KRW 25%, and agreed on credit transaction agreement (hereinafter “the instant credit transaction agreement”) with Defendant C Co., Ltd. (hereinafter “Defendant C”), limited partnership D(hereinafter “Defendant D”), and E guarantee limited loans owed to Defendant B under the instant credit transaction agreement within the scope of KRW 2,210,00,00,00.

B. On November 2, 2018, F transferred its claim against Defendant B under the instant credit transaction agreement to the Plaintiff, and the Plaintiff delegated the F’s power to notify the assignment of claim to the Defendants at that time.

C. As of October 10, 2019, remaining loans under the instant credit transaction agreement are KRW 1,509,187,409 and interest KRW 1,548,473,102 (i.e., the total of KRW 1,154,023,158 and interest KRW 394,49,944) calculated as of October 1, 2018, which is the day before the transfer of the credit is made (i.e., the acquisition of interest KRW 1,154,023,158, which is the day before the transfer of the credit).

Therefore, Defendant B is obligated to pay damages for delay calculated by the rate of 25% per annum from October 11, 2019 to the date of full payment with respect to KRW 3,057,660,51, and KRW 1,509,187,409, the principal of which is the principal, to the Plaintiff. Defendant C, D, and E are jointly and severally liable with Defendant B to pay KRW 2,210,00,000 for each of the above amounts.

2. Applicable provisions;

A. Judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act) of Defendant B limited partnership company, C limited partnership company and D limited partnership company

B. Judgment on deemed confessions made by Defendant E (Article 208(3)2 and Article 150(3) of the Civil Procedure Act)