logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2017.07.21 2017가단2550
양수금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 245,251,771 and KRW 63,291,308 among them shall be the Defendant from November 1, 2012.

Reasons

1. Basic facts

A. On November 1996, Korea Automobile Sales Co., Ltd. (hereinafter referred to as the "Co., Ltd.") entered into a motor vehicle sales contract (the contract number stated in the contract is D) with C Co., Ltd. at 64,80,000 won per share, 36 times of payment collection, 16,050,000 won per annum and 24% per annum between C Co., Ltd. and C Co., Ltd., and the defendants put their signatures and seals on joint and several sureties attached to the above sales contract.

B. In addition, C Co. and the Defendants jointly issued the promissory notes of KRW 242,685,424 to Korea Automobile Sales Co., Ltd. on November 19, 196 in order to secure obligations, etc. under the said automobile sales contract.

C. The Daewoo Automobile Sales Co., Ltd. filed a lawsuit against C Co., Ltd. to claim for the purchase price claim, including the purchase price claim under the instant automobile sales contract (hereinafter “instant claim”) with the Incheon District Court 2002Gahap2344.

On August 1, 2003, the above court rendered a judgment that "C Co., Ltd. shall pay 333,053,543 won to Daewoo Automobile Sales Co., Ltd. and 24% of its annual interest from April 9, 2002 to the date of full payment," and the above judgment became final and conclusive on August 23, 2003.

On September 1, 2003, Daewoo Automobile Sales Co., Ltd. transferred the instant claim to Daewoo Investment Co., Ltd., and on September 25, 2013, sent the instant claim assignment to C Co., Ltd. by mail verifying its content.

E. After that, on October 31, 2012, Daewoo Investment Co., Ltd. transferred the instant claim to the Plaintiff, and on October 17, 2016, sent the instant claim assignment to the Defendants by mail verifying the content of the claim.

F. As of October 31, 2012, the instant claim remains in KRW 245,251,771 in total, the principal amount of KRW 63,291,308, overdue interest of KRW 181,960,463.

[Reasons for Recognition] Unsured Facts, Gap, Gap, 1, 2, 4, 5, 7, 7.

arrow