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(영문) 서울중앙지방법원 2015.10.30 2015가합538538
양수금
Text

1. The Defendant’s KRW 10,000,000 as well as 5% per annum from August 16, 2014 to October 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant jointly and severally guaranteed the obligation to pay advertising fees to C Co., Ltd. D.

(hereinafter referred to as the "joint and several liability of this case". The above advertising fee payment obligation is KRW 223,438,000 as of January 15, 2007.

B. After the bankruptcy of D Co., Ltd., the bankruptcy trustee of D, on January 15, 2007, transferred the above advertising fee claim of KRW 223,438,00 and the joint and several liability claim of KRW 223,438,00 to the Plaintiff (hereinafter “transfer of claims”), and notified the Defendant of the transfer of claims at that time.

Amount of a note of payment: The above amount shall be refunded in one million won per month of Samcheon (30,000,000).

provided, however, that the daily members of the above amounts shall be repaid by the end of 2013.

A person who prepares on November 23, 2007: E (the representative of the plaintiff).

C. On November 23, 2007, the Plaintiff and the Defendant drafted a payment note with respect to the performance of the joint and several surety obligation of this case (hereinafter “instant payment note”). D.

On the other hand, the Defendant repaid to the Plaintiff a total of KRW 2.8 million from the date of the assignment of the instant claim to the date of the preparation of the instant payment memorandum, and repaid the Plaintiff a total of KRW 17.2 million from June 30, 2010 to June 30, 2010.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Summary of the parties' arguments;

A. The Defendant paid to the Plaintiff KRW 30 million after the date of the instant payment note in accordance with the instant payment note, and paid only KRW 17.2 million among them. As such, the Plaintiff shall pay the remainder of KRW 12.8 million and delay damages therefrom to the Plaintiff.

The sum of KRW 2,80,000,000 paid by the Defendant to the Plaintiff prior to the preparation of the instant payment note cannot be deemed to have been partially repaid out of the said KRW 30 million.

B. The Plaintiff and the Defendant prepared the letter of payment in this case, and the Defendant’s total amount to be paid to the Plaintiff regarding the joint and several debt of this case is KRW 30 million.

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