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(영문) 서울중앙지방법원 2019.10.11 2019가합539485
양수금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall be jointly and severally and severally with Defendant C, D, E, F, and G, KRW 500,000,000, and the two.

Reasons

1. Basic facts

A. On December 31, 1997, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a lease agreement with I Co., Ltd. (hereinafter “I”) with an oil tanker as a leased object (hereinafter “instant lease agreement”), and received the above goods, and the network H (hereinafter “the network”), J, K, L, and M (hereinafter “the network, etc.”) jointly and severally guaranteed all the obligations of Defendant B related to the said lease agreement.

B. On February 25, 199, Defendant B entered into an additional agreement with I to modify part of the instant lease agreement (hereinafter “instant additional agreement”) and the Deceased et al. jointly and severally guaranteed all the obligations of Defendant B related to the said additional agreement.

C. On April 17, 200, I transferred the ownership of claims and leased articles under the instant lease agreement and additional agreement to N Co., Ltd. (hereinafter “N”), and on March 31, 200, notified Defendant B, the Deceased, etc. of the transfer of the said claims.

Defendant B did not pay the lease fee under the instant lease agreement, and N notified Defendant B of the termination of the instant lease agreement on August 5, 200.

E. N filed a lawsuit with the Seoul Central District Court No. 2008Gadan24639 against the termination of the lease contract of this case seeking reimbursement of the overdue lease fee, provision damages, and part of the damages for delay. On March 26, 2009, the above court rendered N's favorable judgment (hereinafter "the judgment of this case") that "the defendant B and the defendant jointly and severally paid N 50 million won and the amount calculated at the rate of 20% per annum from January 24, 2009 to the date of full payment." The above judgment became final and conclusive on April 23, 2009.

F. On May 2, 2011, N transferred the claim and ownership of leased articles under the instant lease agreement and the instant additional agreement, including the instant claim for judgment money, to the Plaintiff, and sent a notice of assignment of claims to Defendant B and the Deceased on May 10, 2019.

G. The Deceased on September 13, 201.

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