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(영문) 수원지방법원 2015.08.18 2015가단18653
각서금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 105,00,000 and 5% per annum from January 1, 2005 to March 6, 2015.

Reasons

1. Facts of recognition;

A. Defendant B delivered 130,000,000 won to D and borrowed money on February 9, 2001 when paying KRW 5,00,000 to D, and agreed to pay KRW 125,00,000 by December 31, 2004, and Defendant C jointly and severally guaranteed the above debt of Defendant B.

(hereinafter referred to as the “instant agreed amount claim”). (b)

D On January 23, 2002, on the part of the Defendants, transferred the claim for the instant agreed amount against the Defendants to Badddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

After that, the new century, as the Defendants did not recover the claim of this case against the Defendants, the new century rescinded the agreement on the assignment of claims between D and D, and notified the Defendants of the cancellation of the contract on the assignment of claims.

C. Around May 10, 2007, D transferred the instant contractual deposit claims to E, but the Defendants asserted that E could not repay to D and would repay to D, and E notified the Defendants of the rescission of the agreement on the transfer of claims between D on June 26, 2007 (E, D, and Defendant B was formed in the place where D’s father is located) and later, the Defendants remitted KRW 10 million to F’s account, which is his father’s father on June 27, 2007, and paid KRW 10 million to D’s account on July 10, 2008, respectively.

D on February 2, 2015 (the Plaintiff entered at the warden on February 2, 2005, but it is obvious that the Plaintiff is a clerical error) transferred the instant contractual deposit claims to the Plaintiff. On February 4, 2015, the Defendants notified the Defendants of the transfer of the said claim by means of content-certified mail with a fixed date.

Grounds for Recognition: Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2, Gap evidence 3-1, 2-2, Gap evidence 6 and 7, Gap evidence 8-1 through 4-4, witness evidence D's testimony, and the purport of the whole pleadings

2. Determination as to the cause of the claim.

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