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(영문) 서울동부지방법원 2015.08.18 2013가합106091
손해배상(기)
Text

1. The plaintiff's motion for additional defendant is dismissed.

2. The Plaintiff, Defendant C Co., Ltd.: KRW 592,627,88 and KRW 592.

Reasons

1. Basic facts

A. The relationship between the parties and the Defendant B (hereinafter “Defendant B”) are the lending company, and the Defendant C Co., Ltd. (hereinafter “Defendant C”) is the debt collection company.

Defendant C has been delegated by Defendant B to take charge of the debt collection and credit investigation of Defendant B.

B. (1) Defendant B had a claim for a loan of KRW 610,727,888 against Nonparty D, and Defendant B had a guarantee claim in the amount equal to the amount of the guarantee claim against Nonparty E and F, a joint and several surety for the said loan obligation (hereinafter “instant claim”).

(B) On March 15, 2013, Non-Party G Co., Ltd. (hereinafter “G”) was owned.

3,389 claims, including the instant claims, are to be sold under the agreement on the transfer and takeover of claims (see Evidence A 5; hereinafter “instant agreement on the transfer and takeover of claims”) with the following contents.

(2) The term "sale price" means the price that the purchaser shall pay to the seller in return for the purchase of the claim subject to sale in accordance with the provisions of this contract until the closing date of the transaction, as stipulated in the contract. (3) The term "date of settlement of assets" means March 8, 2013 as the date on which the claim subject to sale in Defendant B becomes final and conclusive, and the term "date of the transaction completion" means the date on which the payment of the purchase price is completed, and the term "date of the transaction completion" means the date on which the actual transaction is completed. (6) The term "person related to the obligation" means the primary debtor, joint and several sureties (referring to a surety, a surety, etc.).

(8) The term "claim Documents" means any documents concerning the principal claim held by Defendant B as of the date of asset confirmation, in any way.

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