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(영문) 서울북부지방법원 2017.08.10 2017가단106982
양수금
Text

1. The Plaintiff:

A. Defendant B, C, and D are jointly and severally liable for KRW 225,228,484 and KRW 66,85,391 among them.

Reasons

1. Facts of recognition;

A. On March 31, 1995, Daewoo Heavy Industries Co., Ltd. sold one of the concrete pumps to the deceased at KRW 253 million between the deceased and the deceased (the deceased’s death on August 27, 2011, hereinafter “the deceased”) and entered into a sales contract with a certain amount of money to be paid in installments. On April 4, 1995, it delivered the above pumps to the deceased, and on April 1, 1995, Defendant B, C, and D jointly and severally guaranteed the deceased’s obligation to pay the above pumps.

B. On December 29, 2005, the Korea Human Investment Co., Ltd. acquired the above claim from the two Korea Infrastructure Co., Ltd. (formerly treated Co., Ltd.), which succeeded to the above claim against the deceased on Dec. 29, 2005, including the above claim for purchase price, and applied for a payment order against the deceased and the defendant B, C, and D with Seoul Southern District Court 2007 tea2403. On Feb. 9, 2007, the above court decided on Feb. 9, 2007 that "the deceased and the above defendants jointly and severally applied for 225,28,484 won and 66,924,790 won to the Korea Human Investment Co., Ltd., Ltd. from Jan. 12, 2006 to the payment order until the day of payment, and that the payment order was issued at the rate of 20% per annum from the next day to the day of payment (hereinafter referred to as "the above 37.5.207.

C. Since then, on April 20, 2016, a claim based on the instant payment order was transferred to the Plaintiff via the Union Deposit Deposit Company, TNN Loan Company, and Korea Venture Point Loan Company. At that time, the Plaintiff notified Defendant B, C, and D of the assignment of the claim. The Plaintiff notified the Plaintiff of the assignment of the claim. The Plaintiff notified the Defendant A of the assignment of the claim through the delivery of a duplicate of the application form for modification of the purport of the instant claim and the cause of the claim.

On the other hand, there are the wife F and the Defendant A and G, who are the wife, and F and G have renounced their inheritance, and the Defendant A has succeeded to the deceased.

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