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(영문) 대구지방법원 2018.11.23 2017가합208700
양수금
Text

1. The Defendant: (a) KRW 173,600,000 to the Plaintiff Company, and KRW 434,800,000 to the Plaintiff SPC.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “B”) determined and lent KRW 2,00,000,000 to the Defendant on August 20, 2015 at the interest rate of 6.9% per annum and the due date of repayment on August 20, 2017.

(b) The above loan claims against the Defendant (hereinafter “instant loan claims”). B

B On October 31, 2017, the Plaintiff Company (hereinafter “Plaintiff”) transferred the principal amount of KRW 173,600,000 among the instant loan claims and interest thereon, and delayed payment amount of KRW 165,78,000 among the instant loan claims, and delegated the obligor with the authority to notify the said transfer.

Plaintiff

Furthermore, on the same day, Liber paid 165,788,000 won for the transfer price of bonds to B, and on November 1, 2017, he notified the Defendant of the transfer by content-certified mail, and on November 2, 2017, the notice of transfer reached the Defendant on November 2, 2017.

C. On October 31, 2017, B transferred the principal amount of the instant loan claim KRW 434,800,000 and interest thereon, delay damages KRW 415,234,000 among the instant loan claim to the Plaintiff EPC (hereinafter “Plaintiff EPC”), and delegated the authority to notify the obligor of the said transfer.

Plaintiff

SPC paid 415,234,000 won of the transfer price to B on the same day, and on November 1, 2017, notified the Defendant of the above transfer by content-certified mail, and on November 2, 2017, the above transfer notification reached the Defendant on November 2, 2017.

(2) Each of the above claims assignment against the plaintiffs (hereinafter referred to as "transfer of each of the above claims in this case") . [Grounds for recognition] . (Ground for recognition] . Each of the entries in Gap evidence Nos. 1, 2, 3, 4, 5, and 6 (including the number of each branch; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination

A. As examined in the above facts of recognition as to the cause of claim, the plaintiffs acquired part of the loans of this case against the defendant Eul, and completed the notification of the transfer. Thus, the defendant acquired the above part of the loans of this case against the defendant.

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