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(영문) 서울동부지방법원 2015.01.14 2014가합108278
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 425,174,324 and KRW 198,434,106, respectively, from September 17, 2014.

Reasons

1. The facts subsequent to the facts of recognition are as follows: Gap evidence Nos. 2, 4, 6, 8, and 10 (the defendant's each seal imprint part of the above documents is presumed to be the authenticity of the entire documents due to the lack of dispute among the plaintiff and the defendant Gap. The defendant Eul, among each of the above documents, defense that the part in the name of the defendant A was forged by D where the defendant A's spouse was the defendant's spouse, but there is no evidence to acknowledge it), Gap's evidence Nos. 1, 3, 5, 7, 9, 11 through 14, and it can be acknowledged after considering the whole purport of the arguments, and between the plaintiff and the defendant Eul, it shall be deemed that the defendant Eul led

On September 8, 2008, Aju Capital Co., Ltd. (hereinafter “Aju Capital Co., Ltd.”) loaned a total of KRW 427,50,000 per annum to Defendant A, as listed in the following table, 11.5% per annum, 24% per annum, 24% per annum, and 57 months after the grace period of three months, respectively, to repay the principal and interest. Defendant C jointly and severally guaranteed each of the above loans.

Defendant A’s loans 1, 4, and 5 set forth below among each of the loans was extended on or after September 24, 2009; Defendant A’s loans 2 from September 25, 2009; Defendant A did not perform their repayment obligations after December 8, 2008; and Defendant A’s repayment obligations for 3 loans were delayed around that time.

On May 18, 2011, Aju Capital transferred each of the above loans to the Plaintiff. On June 3, 2011, Defendant A notified the assignment of the above loans, and around that time, the above notification reached Defendant A.

As of September 16, 2014, the remaining principal, interest, or delay damages of each loan as of September 16, 2014 have a total of KRW 425,174,324 (=the remaining principal amount of KRW 198,434,106 or delay damages).

Unit: 40,687,710,769,650, 3614 H 85,50,000,103,474 39,998,612 F 85,500,000 40,687,710,367,9083 G 85,500,319,769 47,650,3614 H 85,50,000,683, 1936.

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