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(영문) 서울중앙지방법원 2020.01.22 2019가단5121424
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 100,000,00 and Defendant B with respect thereto from September 27, 2019, and Defendant C, D, and .

Reasons

1. Basic facts

A. On December 4, 2008, F Co., Ltd. (hereinafter “F”) entered into a credit transaction agreement for lending KRW 420,000,000 to G agricultural partnership (hereinafter “G partnership”) at the rate of 17% per annum, and accordingly, loaned the said amount.

(hereinafter “instant loans”). (b)

On December 4, 2018, Defendant B, the representative director of the G Association, jointly and severally guaranteed the instant loan obligations against the F of the G Association within the limit of KRW 504,000,000, within the limit of KRW 504,000.

C. On December 21, 2010, H Co., Ltd. entered into a contract to sell a claim with H Co., Ltd., and H Co., Ltd. entered into a contract to transfer or take over the instant loan claim with I Limited Liability Company (hereinafter “Nonindicted Company”) on December 30, 2010, and transferred it to the Nonparty Company. Around December 31, 2010, H Co., Ltd. notified G Co., Ltd of the said transfer.

On October 19, 2014, Nonparty Company submitted a claim statement of KRW 807,724,088 (i.e., principal amount of KRW 420,000,724,088) as of October 30, 2014 and KRW 5,251,700 (i.e., principal amount of KRW 387,724,088) as of October 30, 2014, and collected KRW 410,942,437,437 as of October 30, 204 after receiving dividends of KRW 405,934,787 as of October 30, 2014.

After appropriating the above provisional payment of KRW 5,251,70 and the total amount of interest of KRW 387,724,088,00, the remainder of KRW 17,966,649 (= KRW 410,942,437 - KRW 5,251,700 - KRW 387,724,088), the principal of the loan claim of this case remains over KRW 402,03,351 (=420,000 - KRW 17,966,649).

E. Meanwhile, according to the asset acquisition agreement concluded with the Plaintiff on December 11, 2015, the non-party company transferred the instant loan claim to the Plaintiff on December 15, 2015, and notified the G Association of the said transfer on January 14, 2016.

F. The instant loans amounting to KRW 694,992,829, total sum of principal and interest as of February 12, 2019 = principal.

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