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(영문) 서울서부지방법원 2015.04.09 2014가합5753
양수금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On January 18, 2012, Japan, C (hereinafter referred to as “C”) drafted a monetary loan agreement with the Defendant (hereinafter referred to as “instant contract”) containing the following contents.

Article 1 (Purpose) Creditor C of Japan lent to the Defendant of the Republic of Korea national debtor, and the debtor borrowed it on January 18, 2012, the fact that the payment was made in full by the debtor of the Republic of Korea and was made by the debtor.

Article 2 (Period and Method of Repayment) The repayment of the loan shall be January 18, 2014 (2 years) and the amount of the loan shall be the Japanese currency (N.N.).

Article 3 (Interest) Interest shall be 8% per annum.

Article 4 (Place of Performance) Payment of an obligation or payment of interest shall be made by referring in cash to the present address of the creditor or to an account designated by the creditor at the designated place.

When the debtor under Article 5 delays the repayment of principal, he/she shall pay the creditor the delayed delay damages at the rate of 24% per annum to the delayed principal.

Article 6 (Security) The defendant shall provide 100% of the shares of the defendant corporation to be established in order to secure obligations under this contract to the creditor.

Article 7 (Recognition and Recognition of Compulsory Execution) When an obligor has failed to perform a pecuniary obligation under this contract, the obligor recognized the absence of objection immediately even through compulsory execution.

Con January 19, 2012, transferred 970,000 UN to the account of our bank in the name of the Defendant.

C On March 10, 2014, on the part of the Plaintiff, concluded a contract on the assignment of claims to the Plaintiff for the transfer of the loan principal of KRW 10 million and interest claim against the Defendant (hereinafter “instant claim”).

(hereinafter “transfer of claim of this case”) C. The same year shall be applicable to C.

5.7. The Defendant notified the Defendant of the assignment of the above claim.

[Ground] Fact that there is no dispute, each entry of Gap evidence Nos. 1 through 4 (including a branch number if there is a serial number; hereinafter the same shall apply), and the plaintiff's claim for the amount of money transferred according to the assignment of claim of this case to the defendant, which is judged as to the defense prior to the draft

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