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(영문) 대구지방법원 2017.12.20 2017나306578

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On February 25, 2002, a pair of capital Co., Ltd. entered into an installment financing agreement with B on January 25, 2005, with a loan of KRW 13,500,000, the maturity date of the loan of KRW 36 months, and a premium rate of KRW 10%. The Defendant jointly and severally guaranteed the said installment financing agreement.

(hereinafter referred to as “instant claim”) joint and several sureties Co., Ltd.

On December 12, 2006, the Grand Capital Co., Ltd. filed a lawsuit against the Defendant under the Daegu District Court Decision 2006Gaso134169, and rendered a judgment on December 12, 2006 that “the Defendant shall jointly and severally with the Plaintiff KRW 10,416,809, as well as KRW 9,439,971, as to KRW 10% per annum from September 27, 2005 to December 1, 2006, and KRW 20% per annum as to KRW 9,439,971,” and the above judgment (hereinafter “final judgment of this case”) became final and conclusive around that time.

C. A pair Capital Co., Ltd.: (a) subsequently changed its trade name to Dog Capital Co., Ltd. and Alley branch Capital Co., Ltd.; (b) on May 31, 2010, the instant bonds were transferred to the Bank Businessnet Co., Ltd.; (c) on August 2, 2010, the Bank Businessnet Co., Ltd.; (d) on a road map asset management loan Co., Ltd.; (e) on August 5, 2010, on a road map road map, on a company providing asset management loans, the company providing a main asset management loan to the Bank Business Loan Co., Ltd.; and (e) on a main asset management loan Co., Ltd. on October 19, 201, the company transferred the instant bonds to the Plaintiff on June 11, 2012; and (e) on each of the above assignment of claims to the Defendant each time prior to the said transfer date.

As of September 26, 2005, the sum of the principal and interest of the bonds that the Plaintiff acquired is KRW 10,416,809 (the sum of the remaining principal plus interest in arrears + KRW 9,439,971).

[Ground of recognition] Facts without any dispute, entry of Gap's 1 to 9, purport of whole pleading

2. According to the above facts of determination as to the cause of the claim, the defendant acquired the claim of this case to the plaintiff.