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(영문) 서울중앙지방법원 2015.12.18 2015가합523208
채권양도 청구의 소
Text

1. The defendant expresses his intention to transfer the claim to the plaintiff with respect to the claim stated in the separate sheet, and the non-party Lone Star aviation.

Reasons

1. Facts of recognition;

A. A. On July 20, 2012, Eone Star Aviation Co., Ltd. (hereinafter “Eone Star Aviation”) obtained loans by designating 18.8 billion won as of July 20, 2012 as the interest rate of 8.5% per annum, 18% per annum, and the due date of payment as of August 21, 2013 from the national Katia Co., Ltd. (hereinafter “Korea Stock Co., Ltd.”) (hereinafter “ Ghana”);

(B) The above loan claims against Lone Star aviation are claims indicated in the separate sheet transferred by the Plaintiff to the Defendant as specified in the following sub-paragraph (e), and the claims indicated in the separate sheet for Lone Star aviation (hereinafter “loan claims against Lone Star aviation of this case”).

On November 11, 2013, 2013, KS transferred the loan claim against the Plaintiff for the instant Lone Star aviation at a KRW 5 billion (hereinafter “transfer of claim as of November 11, 2013”). Of the transfer price, the transfer price, the down payment of KRW 1 billion was made within one business day after the date of conclusion of the contract, and the balance of KRW 4 billion is paid within four months after the date of conclusion of the contract. On the same day, this Lone Star consented to the transfer of claim as of November 11, 2013. (c) The Plaintiff failed to pay the balance of KRW 4 billion within four months from the date of conclusion of the contract on the transfer of claim as of November 11, 2013, the transfer price was changed from the date of the above contract to March 11, 2014, and the State KS requested the Plaintiff to pay the balance of KRW 100 billion to KRW 3 billion within the period of KRW 130 billion to March 12, 2013013.”

On March 21, 2014, the Plaintiff entered into a monetary loan agreement with the Defendant to borrow KRW 4 billion at an annual interest rate of 6%, interest rate of 24% per annum, and due date of payment as of April 20, 2014 (hereinafter “instant loan agreement”), and the said agreement.

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