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(영문) 인천지방법원 2018.09.21 2017가합54479
추심금
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. On June 20, 2013, Article 1 (Purpose) F of the Plaintiff’s acquisition amount claim against D Co., Ltd. lent KRW 300 million to E and borrowed E.

Article 2 (Period and Method of Performance) E shall be repaid in installments three times on June 21, 2013, KRW 50 million, KRW 10 million on December 30, 2013, KRW 150 million on July 30, 2014.

Article 3 (Interest E shall pay interest at the rate of 12% per annum on the 30th day of each month.

Article 5 (Compensation for Delay) E shall pay to F the delayed principal or interest at the rate of 30% per annum for the delayed principal or interest.

Article 8 (Joint Guarantee)

1.D shall guarantee the obligations of E under the instant contract and shall agree to discharge the obligations jointly and severally with E.

2. The maximum amount of D’s surety obligation is KRW 350 million.

3. The guarantee period shall be until July 30, 2017.

Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor E and a joint guarantor D fail to perform an obligation under a contract of this case, they shall recognize and recognize that there is no objection even if compulsory execution has been effected immediately.

1) D Co., Ltd. (hereinafter “D”).

E, who held office as the representative director of E, is a notarial deed under a monetary loan agreement (No. 146, June 2013, 2013, No. 2013, No. 146, No. 2013, Jun. 20, 2013, hereinafter “instant notarial deed”) with F as an obligor, and D as a joint and several surety.

2) On March 18, 2014, F granted the right of representation as to the notification of the assignment of claims to the Plaintiff on March 18, 2014. The Plaintiff completed the notification of the assignment of claims to D around that time.

(hereinafter “transfer of claim of this case”). B.

The Plaintiff, as the assignee of the claim on January 23, 2017, issued an execution clause of succession to the instant authentic deed on January 23, 2017, and as the Incheon District Court No. 2017TTT 201525 on February 22, 2017, and D, Defendant B or below.

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