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(영문) 제주지방법원 2017.11.07 2017가단2310
양수금
Text

1. The Defendants jointly do not pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from July 21, 2007 to the day of full payment.

Reasons

1. Facts of recognition;

A. Defendant B issued to the Retail Financial Support Center (hereinafter “Nonindicted Company”), May 19, 2007, the due date of payment, Sungsan-Eup, the payment place, the Jeju Bank’s Sungsan Branch on February 19, 2007, the date of issuance, one promissory note with a face value of 30,000,000 won, and one set of note (E) with a face value of 30,000,000 won on June 5, 2007, the place of payment and payment, and one set of note (F) with a face value of 30,00,000 won, respectively, and Defendant C and D respectively endorsed each in sequence on the above promissory note and the per unit.

B. The non-party company filed a lawsuit against the Defendants for the claim for the payment of promissory notes with the Jeju District Court Decision 2007Ra659, Jun. 7, 2007, the above court issued a payment order stating that “The defendants jointly and severally serve the Defendants with the payment order for KRW 60,00,000 and KRW 30,000,000 for the non-party company from May 20, 2007 to the delivery date of the original payment order, and KRW 6% per annum from June 6, 2007 to the delivery date of the original payment order, and KRW 20% per annum from the next day to the completion date of the payment.” The payment order of this case was served on the Defendants on June 15, 2007 and finalized on June 30, 2007.

C. The Defendants repaid to the Nonparty Company the principal amount of KRW 10,000,000 among the obligations under the instant payment order.

On February 21, 2017, Nonparty Company transferred 50,000,000 won remaining after deducting 10,000,000,000 won repaid by the Defendants, among the claims under the instant payment order, from June 6, 2007 to the date of complete payment, and notified the Defendants of the fact of the said assignment of claims on February 24, 2017. The notice of the said assignment of claims reached the Defendants around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, and 9, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants jointly do so to the Plaintiff.

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