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(영문) 서울중앙지방법원 2017.09.12 2016가단115393
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 13,50,000 and the interest rate of KRW 18% per annum from October 14, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On October 14, 2010, money lending and joint and several sureties lent KRW 100 million to C, a joint and several sureties was determined as the Defendant (the former trade name is D Co., Ltd.) and the interest rate of KRW 1.5% per month.

(hereinafter “instant loan agreement”)

B. On July 17, 2015, B transferred the above loan claims to the Plaintiff, and notified the assignment of claims, and the above notification reached C on July 22, 2015.

C. The Plaintiff was partly repaid out of the above loans, and the amount of KRW 13,500,000 of the principal was remaining at the time of the instant lawsuit.

[Reasons for Recognition] Unsatisfy, Gap 1-3 evidence (including virtual number), the purport of the whole pleadings

2. The Defendant, a joint and several surety, is liable to pay to the Plaintiff, a bond assignee, the amount of KRW 13,500,000, and damages for delay calculated by the rate of 18% per annum (18% per annum (1.5% per month) from October 14, 2016, the delivery date of a copy of the instant complaint to the day of complete payment, which is the date of partial payment.

3. The defendant's assertion is asserted as follows.

On February 14, 2013, E, the present representative director of the defendant, entered into a contract to be transferred to the defendant corporation by the former representative director of the defendant C.

The transfer price was KRW 164,00,000, and F, a joint guarantor, agreed to be responsible for corporate debts, etc. not notified to E.

C refers to E that there is no obligation that was not notified at the time, and the loan contract of this case is invalid as it is based on the false conspiracy between B and C.

However, the above argument by the defendant is without merit since there is no evidence to admit it.

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