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(영문) 서울중앙지방법원 2015.04.07 2013나63973
양수금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. The following facts can be acknowledged in full view of the entries in Gap evidence Nos. 1 to 9 (including paper numbers) and the whole purport of the arguments.

On July 27, 1994, C Co., Ltd. (hereinafter referred to as “C”) entered into a lease agreement on the “printing machine” of KRW 397,000,000, the acquisition cost of which was KRW 397,000.

The defendant and A jointly and severally guaranteed the debt of the non-party C to the lease company based on the above lease agreement.

(2) On July 28, 1994, C received the above printing machine from the non-party leasing company, but lost the benefit of time due to delayed payment by paying only one lease fee.

On May 25, 1995, the non-party lessee terminated the above lease agreement.

B. (1) On December 15, 1998, the non-party leasing company transferred claims, such as the transfer of claims and the claim for the transfer of claims, to the Korea Lease Credit Co., Ltd. (hereinafter “Korea Lease Credit”) such as the unclaimed acquisition cost due to the termination of the above lease contract (hereinafter “claims such as the unclaimed acquisition cost, etc.”), and notified C, the defendant, and A of the above transfer of claims at that time.

(2) As of August 20, 2001, the amount of the claim, such as the unrefiedest acquisition price of the instant unrefied loan at issue, is KRW 804,771,601 [i.e., KRW 397,00,00; KRW 39,700,000; KRW 28,745,122; interest rate of interest on the unrefied lease charges; KRW 1,793,640; interest rate of KRW 3,638,586; interest on the unrefied acquisition cost; KRW 470,87,348; KRW 478; KRW 478; KRW 16,727,717; KRW 16,727,936; KRW 284; KRW 3748; KRW 475,47; KRW 2785,47; KRW 4784; and delay damages amount].485,27

(3) On September 17, 2001, the Korean Lease Bank against C, the Defendant, and A.

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