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(영문) 서울남부지방법원 2016.04.22 2015가합103402

분배금 등 청구의 소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant E Co., Ltd. (hereinafter “Defendant E”), Defendant F Co., Ltd. (hereinafter “Defendant F”), G Co., Ltd. (hereinafter “G”), and H (hereinafter “H”), on May 28, 2008, 26 financial institutions entered into an agreement with I Co., Ltd. (hereinafter “I”) to grant loans of KRW 240 billion at an annual interest rate of KRW 8.5% per annum, overdue interest rate of KRW 25% per annum, and due date of payment on October 28, 2008 (hereinafter “first loan agreement”), and at this time, J Co., Ltd. (hereinafter “J”), the contractor of the instant project, agreed to pay interest of KRW 100 million to the lender, the representative director of J Co., Ltd., Ltd. (hereinafter “H”), and Defendant H’s loans of KRW 200 billion, KRW 1000,000,000,000,000, KRW 1600.

B. On May 28, 2008, H among the first lender, transferred the above 62.5 billion won loan claims against Defendant B Co., Ltd. (hereinafter “Defendant B”), G transferred the above 62.5 billion loan claims against I to the Plaintiff, and notified the Plaintiff of the transfer of the claim, and notified the transfer of the claim to I to I and reached I around that time.

C. M, N Co., Ltd. (hereinafter “N”), O, and P Co., Ltd., on June 11, 2008, agree to lend KRW 3 billion and KRW 25 billion (in that case, KRW 3 billion for M; KRW 10 billion for N) to the same content as the primary loan agreement (hereinafter “second loan agreement”); Q Q Co., Ltd., the agreement to lend KRW 10 billion and I on June 17, 2008 to the same content as the primary loan agreement (hereinafter “third loan agreement”); R, S Co., Ltd, and T Co., Ltd. to lend KRW 5 billion and KRW 10 billion for the same content as the primary loan agreement (hereinafter “the first loan agreement”).