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(영문) 광주지방법원 2021.02.04 2019가합61057
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C. On May 24, 2002, the organization extended 50,00 US dollars 50,00 to D. 1, May 6, 2003 (up to May 6, 2009) and 0.25% per annum (up to 18% per annum but to be paid according to changed interest rate) (hereinafter “the instant loan agreement”). The Defendant guaranteed to C’s 60,00 US dollars 65,000 per annum 15,000 (up to 30,000 US dollars 5,000,000,000) to the Defendant on May 24, 2002 (up to 1, 2000,000 US dollars 50,000,000,000 KRW 25,000,000,000,000 per annum 25,000,000 won per annum 15,005.

F Co., Ltd. transferred the principal and interest on the instant loan agreement to the Plaintiff on August 29, 2012 (hereinafter “instant loan transfer agreement”). D.

On November 13, 2018, the Plaintiff filed an application for the payment order against the Defendant with the Gwangju District Court on November 22, 2018 and received the payment order on November 22, 2018. Accordingly, the Defendant filed an objection on December 9, 2019 and the instant lawsuit was pending.

E. The FF Co., Ltd. on February 8, 2019

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