logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.04.22 2015가합2980
양수금
Text

1. Defendant (Appointed Party), Appointed Party C, and D are jointly and severally liable to the Plaintiff for KRW 500,000,000 and the same on June 1, 2014.

Reasons

1. Facts of recognition;

A. On November 20, 2012, E, the Defendant (Appointed Party; hereinafter “Defendant”) and the Selection Party C, and D, concluded an agreement with the effect that “E shall set the interest rate of KRW 500 million on a monthly basis and the due date of repayment on November 20, 2013, and shall be set and lent to the Defendant and the Selection Party C, and that “D shall jointly and severally guarantee the above loan obligations of the Defendant and the Selection Party C,” and they remitted to the Selection Party C KRW 300 million on the same day at the request of the Defendant and the Selection Party C, and KRW 500 million on the same month.

B. On September 22, 2014, E transferred the above claims against the Defendant, the appointed parties C, and D to the Plaintiff, and notified the Defendant, the appointed parties C, and D of the fact of the above assignment of claims on March 14, 2016, and the notice of assignment of claims at that time (Evidence A No. 5-1, 2, and 3) reached the Defendant, the appointed parties C, and D, respectively.

In addition, the Plaintiff submitted a preparatory document on March 22, 2016, attached with the said notice of assignment of claims during the instant lawsuit to the court, and the duplicate was delivered to the Defendant, who is the designated party, on March 25, 2016.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 4, and 5 (including virtual numbers) and the purport of the whole pleading

2. According to the above facts of determination as to the cause of the claim, the Defendant and the Appointor C, a joint and several surety, are jointly and severally liable, and the Appointor D, a joint and several surety, are liable to pay to the Plaintiff, who acquired the above claim from E, the amount of KRW 50 million per annum from June 1, 2014 to the day of complete payment (=24% per month x 12 months) calculated by the ratio of the agreed delay damages to the Plaintiff, which the Plaintiff sought from

3. The Defendant’s defense is defense to the effect that the Defendant: (a) remitted part of the amount borrowed to E or the Plaintiff to the account designated by E, a creditor, KRW 5 million on July 9, 2014; (b) KRW 2 million on July 19, 2014; (c) KRW 1 million on October 17, 2014; (d) KRW 200,000 on November 3, 2014; and (e) KRW 25 million on April 10, 2015.

The money of the plaintiff or E from the defendant or the selected person C, even if any.

arrow