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(영문) 대법원 2017.05.31 2016다248936
채권양도 청구의 소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Regarding ground of appeal No. 1

A. The lower court acknowledged the following facts based on evidence.

1) The national cases, Inc., Ltd., Ltd., (hereinafter “Bad c”), is called “Bak c”.

(C) On July 20, 2012, Eone Star Broadcasting Co., Ltd. (hereinafter “Eone Star Broadcasting”)

(1) The amount of 18.8 billion won was determined and lent to the Plaintiff at the interest rate of 8.5% per annum, 18% per annum, and 21 August 2013 (hereinafter “instant bonds”).

(2) On November 11, 2013, 201, the Korean KAC transferred the instant claim amounting to KRW 5 billion to the Plaintiff. The payment period of KRW 1 billion was set within one business day after the date of concluding the contract, and the payment period of KRW 4 billion within four months after the date of concluding the contract. On the same day, EAD accepted the said assignment of claim.

3) On December 27, 2013, the Plaintiff failed to pay the balance KRW 4 billion under the above credit transfer agreement by March 11, 2014, which is within four months from the date of conclusion of the contract. On December 27, 2013, the Plaintiff drafted a contract for the alteration of the transfer of claims by December 27, 2013, which decided to change the payment period of KRW 1.8 billion for the principal and interest claim by March 31, 2014. (4) On March 21, 2014, the Plaintiff entered into a contract for the alteration of claims transfer and takeover of claims by December 27, 2013. (5) On March 21, 2014, the Plaintiff borrowed KRW 4 billion at the interest rate of KRW 6 billion per annum, 24% per annum, and April 20, 2014. However, in order to secure obligations such as borrowed principal and interest, etc., the instant loan agreement was concluded with the Defendant’s pledge agreement.

5. Article 4 subparagraph 5 of the Loan Agreement and the Pledge Agreement of this case are the Plaintiff.

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