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(영문) 부산고등법원(창원) 2015.07.16 2014나2382
양수금 등
Text

1. Of the judgment of the court of first instance, ① the Plaintiff’s KRW 55,00,000 against the Defendant and its related thereto are from November 21, 2012.

Reasons

1. Facts of recognition;

A. On September 20, 2012, D Co., Ltd. (hereinafter “D”) purchased scrap iron following the removal of H hotel in Gangnam-si (hereinafter “H hotel”) from D, Inc. (hereinafter “E”) and the Plaintiff, the Plaintiff shall pay to the Plaintiff not later than November 20, 2012 by November 20, 2012, when the Plaintiff was unable to receive the payment of KRW 5 million loaned to D. The Defendant’s joint and several liability agreement was made to pay KRW 85 million paid at the request of the issuer and joint and several guarantor (E) on behalf of the Plaintiff by November 20, 2012. The Defendant’s joint and several liability agreement was made to the Plaintiff under each of the instant agreement to pay the Plaintiff’s debt in addition to the interest rate of 30% per annum at the time of failure to repay each of the above dates (hereinafter “instant payment agreement”).

B. On March 4, 2013, E transferred claims amounting to KRW 70 million, out of KRW 85 million with respect to D (hereinafter “first assignment of claims or acquisition of claims”), to Plaintiff B, and notified D of the assignment of claims on May 15, 2013. (c) On March 4, 2013, E transferred claims amounting to KRW 15 million (i.e., KRW 85 million (i., KRW 85 million) to D (hereinafter “second assignment of claims or acquisition of claims”), and notified D of the said fact to the Plaintiff on May 15, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (if there are additional numbers, including each number; hereinafter the same shall apply), the purport of whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is a joint and several surety and the defendant is the plaintiff A with the amount of KRW 55 million, unless there are special circumstances.

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