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(영문) 수원지방법원 2016.10.27 2016가단505
구상금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for a monetary call of 500,000 of the People’s Republic of China and the same from February 26, 2014.

Reasons

Facts of recognition

around September 27, 2012, Defendant B borrowed the People’s Republic of China Currency 500,000 (hereinafter “comfort”) from D, China, as of September 27, 2013, when the due date for payment was determined and borrowed on September 27, 2013.

Around February 25, 2014, Defendant B agreed to borrow the above borrowed amount from D with the interest rate of 90,000 up to 6 months, and Defendant C jointly and severally guaranteed Defendant B’s debt under the above agreement.

D around October 28, 2015, around October 28, 2015, the Defendants transferred the principal and interest of the loan to the Plaintiff, and at that time, notified the Defendants of the assignment of the loan.

(D) At the time of transfer, the Plaintiff delegated the authority to notify the assignment of claims to the Plaintiff at the time of transfer, and the Plaintiff again notified the Defendants of the assignment of claims through the delivery of a duplicate of the instant complaint) / [The grounds for recognition] 1 (the Defendant denies the authenticity of the part in its name. However, Defendant B’s signature recognizes that the above Defendant was its own penology, and Defendant C’s signature can be recognized as the Defendant’s penology by comprehensively taking account of the results of an appraiser E’s written appraisal and the purport of all pleadings, and thus, the entire document’s authenticity is presumed to have been completed), 2, 3-1, 3-2, and 3-1, 3-2 of the entire document, and the purport of the oral argument as a whole. According to the above fact of recognition, the Defendants are jointly and severally liable to pay the Plaintiff damages for delay at the rate of 18% per annum that the Plaintiff seeks from February 26, 2014 to the date of full payment.

The plaintiff's claims against the defendants are accepted in all.

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