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(영문) 서울중앙지방법원 2013.06.27 2012가합95641
양수금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff 150,000,000 won and as a result, from December 31, 1997 to May 3, 2002.

Reasons

1. Facts of recognition;

A. On May 31, 1996, the National Lease Co., Ltd. (hereinafter “Defendant Co., Ltd”) and the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded a lease agreement (hereinafter “instant lease agreement”) with the following terms, and at the time, Tae Young-gu Industries Co., Ltd., Ltd., Defendant B, and C jointly guaranteed the Defendant Co., Ltd’s obligations under the instant lease agreement.

Lease Goods: Hoskinson’s (HOSKINSN): 1,050,00 won in Korean currency and 4,820,000 US dollars: From the date of issuance of the certificate of receipt of the goods: From one time to six times, six years lease deposit in Korean currency equivalent to USD 9,625,00 in Korean currency and US$ 25,587 in six times, from seven times to seven times, and from seven times, from KRW 21,274,60 in Korean currency equivalent to US$ 86,71 in Korean currency: 96,674,000 in annual interest rate of KRW 19.5% in arrears:

B. National Lease terminated the instant lease agreement on February 1, 1997, following the Defendant Company’s default.

C. The national lease filed a lawsuit with the Seoul Western District Court against the defendant company, Tae Young-gu Industries Co., Ltd, Hosung Industrial Co., Ltd., Defendant B, C, and D seeking the return of the purchase price of goods, financial expenses, and other expenses incurred by the national lease upon the termination of the lease contract at the Seoul Western District Court 2002Kadan3467, Seoul Western District Court. The judgment of this court became final and conclusive on December 18, 2002 that "the defendant jointly and severally filed a lawsuit with the plaintiff for the return of the purchase price of goods, financial expenses, and other expenses incurred by the national lease" for the amount of KRW 5,285,698,203 and 5,183,048,808 from December 31, 1997 to May 3, 202, and the amount of KRW 25% per annum from the following day to the date of complete payment (hereinafter "the final judgment of this case").

On January 29, 2003, the national lease changed the trade name to the Clin Capital Co., Ltd.

E. On February 1, 2005, Bag Capital Co., Ltd. entered into an asset transfer agreement with a limited liability company specialized in EFFC on February 1, 2005, and claims based on the final judgment of the instant case.

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