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(영문) 서울중앙지방법원 2019.04.18 2018가단5160385

양수금

Text

1. As to the Plaintiff-Counterclaim Intervenor’s KRW 194,950,256 and KRW 75,730,480, respectively, on July 1, 2018.

Reasons

1. Basic facts

A. Defendant’s loan 1) Defendant D Co., Ltd. (hereinafter “D”) on June 7, 2007

) On June 7, 2010 and June 7, 2010, the expiration date of the credit period agreed to provide loans of KRW 650,000,000 at a rate of 21% per annum (hereinafter referred to as “first loan”).

(2) On August 30, 2007, the Defendant concluded a contract with D to lend KRW 129,800,000.

(3) According to the letter of credit transaction agreement (Evidence A-2-2) with D on February 21, 2008, the Defendant obtained a loan of KRW 25,000,000 or KRW 21,00,000 in fact, or KRW 21,00,000 in fact. The Defendant entered into a loan agreement with D on February 21, 2008, and there is no indication as to the interest rate and damages for delay under the said loan agreement (hereinafter “third loan”).

Since then, on August 19, 2011, the Defendant drafted an additional agreement with respect to the third loan. Article 3(2)1 of the said additional agreement provides that “The minimum rate of damages for delay calculated under this agreement shall be 14% per annum, the maximum rate of damages for delay shall be 21% per annum,” and Article 3(2)2 of the said additional agreement provides that “If the rate of damages for delay calculated under paragraph (1) is below the minimum rate under subparagraph 1, the minimum rate of damages for delay shall be applied, and even if the rate exceeds the highest rate, it shall not be applied in excess of the highest rate under subparagraph 1.”

B. On October 28, 2011, the Defendant repaid the Defendant’s loan obligations in full KRW 131,93,981, totaling KRW 129,80,000 and interest KRW 2,133,981.

C. D’s transfer of loan claims against the Plaintiff on December 16, 201, entered into an agreement with the Plaintiff on transfer of assets to transfer the loan claims against the Defendant on December 16, 201. On December 19, 201 and December 20, 2011, the Defendant notified the Defendant of the transfer of the above claim by way of content-certified mail. The Defendant received the notification of the transfer of claim at that time.

D Receipt of the Plaintiff’s dividends is secured by the Defendant on November 18, 2011.