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(영문) 인천지방법원부천지원 2019.01.11 2018가단110976
양수금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. is from August 16, 2018 to KRW 81,101,252 and KRW 42,718,206 among them.

Reasons

1. Facts of recognition;

A. On May 2016, D: (a) Defendant B Co., Ltd. (hereinafter “Defendant Company”) transferred each social bond claim and ② new loan principal and interest claim to the Plaintiff; and (b) notified the Defendant Company thereof on May 24, 2016; and (c) Defendant C provided a joint and several surety against D up to KRW 125,190,000, up to KRW 46,800,000, respectively.

B. On April 6, 2018, the principal amounted to KRW 32,597,905, interest amounting to KRW 27,050,136, and KRW 10,120,301, interest amounting to KRW 11,332,910 were remaining. The overdue interest rate on each of the above claims is 24% per annum.

[Ground of recognition] The fact that there is no dispute, Gap 1-4, and the purport of the whole pleading

2. The assertion and judgment

A. According to the facts of determination as to the cause of the claim, the Defendant Company is obligated to pay to the Plaintiff the principal and interest of KRW 81,101,252 (i.e., KRW 32,597,905, 27,050, 136 10,120, 1211,332,910) and the principal amount of KRW 42,718,206 (i.e., KRW 32,597,905 10,120,301) with the rate of KRW 15% per annum from August 16, 2018 to the date of full payment, KRW 201,00, KRW 125,190,000 to the date of full payment, KRW 10,000 per annum 20, KRW 308,000 per annum of the above amount of interest and interest of KRW 59,648,1965,2575,297,205.

B. The Defendants asserted that the Defendants were unable to repay due to the disposal of the entire property due to the E-real estate auction.

However, in respect of a pecuniary obligation, it is impossible to perform.

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