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(영문) 광주지방법원 2017.07.13 2016가합55709
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) delayed the repayment of the principal and interest of loans while continuing credit transactions with the Industrial Bank of Korea.

B. On November 27, 2012, the Industrial Bank of Korea transferred the instant loan claims (hereinafter “the instant loan claims”) to Cuba (hereinafter “the primary transferee”). On December 21, 2012, the first transferee transferred the instant loan claims with the consent of the Industrial Bank of Korea (hereinafter “the second transferee”). On November 6, 2015, the second transferee transferred the instant loan claims to the Plaintiff and notified the said transfer of the instant loan claims to B around December 15, 2015.

C. On February 9, 2017, the Plaintiff filed a lawsuit against B seeking acquisition amount as the Gwangju District Court 2016Gahap594, and was sentenced to the judgment in favor of the Plaintiff that “B shall pay to the Plaintiff 989,731,965 won and 643,259,110 won with interest rate of 15% per annum from November 15, 2016 to the date of complete payment,” and the said judgment became final and conclusive around that time.

(1) B was established on December 28, 199 and established on December 28, 199, and the head office was located in Seo-gu Daejeon, Seo-gu, Daejeon, and was dissolved on December 1, 2015.

(2) On August 12, 2011, the Defendant was established with the trade name “Stock Company D” (the trade name was changed to the Defendant on November 2, 2012) and runs the business of manufacturing sanitary and cremation sites, etc. in Seo-gu Daejeon Special Metropolitan City.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 7, 22 and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff (1) B establishes the defendant who is substantially identical in its form and content for the purpose of evading his/her obligation. Thus, the defendant's assertion of legal personality separate from B as to the debt of this case is in good faith.

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