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(영문) 수원지방법원 2017.08.11 2015가단49527
약속어음금 등
Text

1.(a)

The Defendants jointly combine the Plaintiff A with KRW 84,248,490, and with respect thereto, from March 21, 2013 to May 17, 2016.

Reasons

1. Determination as to Plaintiff A’s claim

A. On December 13, 2010, Plaintiff B determined KRW 100,000 as interest rate of KRW 5,000,000 to Defendant C, and actually paid KRW 95,00,000 after subtracting the monthly interest of KRW 5,00,000. around the beginning of April 2011, Defendant D acquired the above loan obligations of Defendant C with the consent of Plaintiff B. (2) On September 30, 201, Plaintiff B determined KRW 50,000 as interest rate of KRW 50,000 to Defendant D.

3) After Defendant C and E Co., Ltd. (hereinafter “E”)

(4) On March 20, 2012, Defendant D’s total debt amounting to KRW 150,000,000 was jointly and severally guaranteed by Defendant D, and upon agreement between the Plaintiffs and the Defendants, Plaintiff B transferred the above loan claim against Defendant D to Plaintiff A. (4) The Defendants issued to Plaintiff A a promissory note with a face value of KRW 150,00,000,000, and one promissory note with a sight payment date (hereinafter “instant promissory note”) with respect to the said promissory note.

5) From February 14, 2011 to August 16, 2012, Defendant C and D’s Schedule of Appropriation of Performance to Plaintiff B of Claim No. 1 (hereinafter “the Schedule of Claim 1”).

The “date of satisfaction of performance” of the “date of satisfaction of performance” refers to the amount corresponding to the “amount of satisfaction of performance” stated on each corresponding day. The “date of satisfaction of performance” paid the amount corresponding to the “amount of satisfaction of performance.” There is no dispute, and evidence Nos. 1 through 3, and

2) Each entry in Eul evidence No. 2 and the purport of the whole pleading

B. The Defendants’ summary of the Plaintiff’s claim issued the instant promissory note to the Plaintiff A, and Defendant D is obligated to pay KRW 101,00,000 in total from April 14, 201 to August 16, 2012, and the amount of the said reimbursement was appropriated for the payment of the principal and interest on the loan of December 13, 2010 that was transferred to the Plaintiff, and the principal and interest on the loan of September 30, 201, as the said amount was appropriated for the payment of the principal and interest on the loan of September 30, 201, and the interest on the loan of September 30, 201.

C. 1) The former Interest Limitation Act (amended by Act No. 10925, Jul. 25, 2011) (amended by Act No. 10925).

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