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(영문) 서울중앙지방법원 2019.11.19 2019가단5204169

양수금

Text

1. Within the limit of KRW 1,023,100,000, the defendant shall be jointly and severally with D Co., Ltd. and the amount of KRW 70 million on July 31, 2010.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter referred to as “D”) concluded a five-time loan agreement and a credit card use agreement between October 10, 2005 and November 22, 2000 on five occasions with E Co., Ltd., but failed to perform the obligation of loans and credit card payment.

The defendant provided joint and several sureties for each of the above obligations within the limit of KRW 1,023,100,000.

B. On June 18, 2008, E transferred the above claim against the Defendants to F limited liability company (hereinafter “F”), and F filed a lawsuit against the Defendants under this Court 2009Gahap47376, this court rendered a judgment of August 13, 2009 that "the Defendant shall jointly and severally with D to F, KRW 448,318,175, and KRW 323,206,121 per annum from April 24, 2009 to the day of full payment, KRW 21% per annum from April 24, 2009 to the day of full payment, KRW 25% per annum from April 24, 2009 to the day of full payment, KRW 2,358,040, and KRW 300 per annum from July 30, 200 to the day of full payment, and KRW 30% per annum from July 30, 2009 to the day of full payment."

(C) The claims based on the above final judgment (hereinafter referred to as “instant claims”).

F On September 9, 2010, G Limited Company (hereinafter referred to as “G”) transferred the instant claim to G Limited Company, and F and G notified F of the assignment of the instant claim by content-certified mail on November 13, 2010.

G on July 15, 2013, the Plaintiff transferred the instant claim to the Plaintiff. G and the Plaintiff notified the instant claim assignment by content-certified mail on August 13, 2013.

[Grounds for recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. Each assignment of claims made in sequence from E, F, G, and the plaintiff to the above facts of recognition as to the cause of the claim is legally notified to D pursuant to Article 450 of the Civil Code. Thus, the defendant is jointly and severally with D. 1.

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