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(영문) 서울중앙지방법원 2019.05.09 2018가합574672
양수금 등
Text

1. The Defendants jointly and severally against the Intervenor succeeding the Plaintiff.

A. From June 20, 2018, KRW 66,00,000 and its amount shall be as from June 20, 2018

Reasons

1. Basic facts

A. When Defendant B entered into a loan transaction agreement with E Co., Ltd. (hereinafter “E”), as indicated below (hereinafter “each of the instant loan agreements”), Defendant B, upon delay of interest, etc. for more than one month, agreed to lose the benefit of time and immediately repay the total amount of the debt. Defendant C jointly and severally guaranteed the obligation owed by Defendant B under the respective loan agreements.

The delayed interest rate (cost) interest rate on the loan date of the loan subject shall be 19% per annum of 103,266,99 on March 22, 2006 (hereinafter “the first loan agreement”) 19% per annum of 120,000,000 enterprise ordinary loan (L5) (hereinafter “L5”) (hereinafter “the second loan agreement”) on April 28, 2006, 330,000 per annum of 19% per annum of 396,00,000 CF 396,000,0000,000

B. On December 2, 2011, E concluded a contract for the transfer of assets with D Limited Company, a former Plaintiff, and transferred all of the claims under each of the instant loan agreements and the rights incidental thereto to D Limited Company, and notified Defendant B of the transfer of claims on December 5, 201.

C. D Limited Liability Company requested a voluntary auction on real estate provided as security under each of the instant loan agreements, and received dividends of KRW 1,171,910,156 on August 21, 2013.

(The District Court G, H. D.)

As of June 19, 2018, the remainder of the principal and interest of loan under each loan agreement of this case as of June 19, 2018 is KRW 198,037,81 in total [The interest of KRW 94,770,812 (the interest of KRW 19% per annum from August 22, 2013 to June 19, 2018)] in the case of the second loan agreement of this case [the interest of KRW 330,00,000 interest of KRW 302,849,589 [the interest of KRW 1763% per annum from August 22, 2013 to June 19, 2018]; and the aggregate amount of KRW 632,849,589 in the case of the second loan agreement of this case [the interest of KRW 302,849,589 [the interest of KRW 17639% per annum];

E. D Limited Liability Company entered into an asset sales contract with the Plaintiff’s succeeding Intervenor on September 28, 2018 during the instant lawsuit and re-enters the Plaintiff’s succeeding Intervenor into all rights to the Defendants under each of the instant loan agreements that were acquired from E.

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