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(영문) 서울중앙지방법원 2019.01.14 2018가단5171552
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

A. From October 7, 2018, KRW 45,778,064 and KRW 26,68,001 among them are as follows.

Reasons

1. Facts of recognition;

A. D Co., Ltd. entered into a loan transaction agreement with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the terms and conditions as listed below (hereinafter “the loan transaction agreement of this case No. 1” and No. 2”) and the loan transaction agreement of this case No. 2 as listed below (hereinafter “the loan transaction agreement of this case”) and Defendant C jointly and severally guaranteed each of the above loan transaction agreements.

The loan amount of the loan of the general loan (won) loan of April 19, 201 200,000,000 on April 15, 201, 201, the loan amount of the loan of 260,000,000,000 on April 18, 2014, general loan of 300,000,000,000,000 on April 17, 2015.

B. On December 20, 2017, D Co., Ltd. transferred claims under each of the instant loan transaction agreements to the Plaintiff. On February 27, 2018, D notified Defendant Co., Ltd of the assignment of claims by content-certified mail.

C. As of June 1, 2018, the amount of claims of the Plaintiff under each of the instant loan transaction agreements is indicated below.

On April 19, 2010, 200,00,000,668,001 19,110,0634,778,064,000,000,000 on April 18, 2014, 949,649,649,6414,83,83,1777,247,782,821 totaling 36,617,617,6453,943,240,240,560,585 / [Grounds for recognition] the purport of the entire pleadings as provided for in subparagraphs 1 through 4 of this Article

2. According to the above facts finding as to the cause of the claim, the defendants shall jointly and severally pay to the plaintiff the principal and interest of 45,778,064 won under the loan transaction agreement of this case and the principal of 26,668,001 won, calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 7, 2018 to the day of full payment, as the plaintiff seeks, as to the principal and interest of 45,778,064 won under the loan transaction agreement of this case, and the principal and interest of 26,68,000 won shall be paid within the limit of 260,000 won, and the defendant C shall pay the principal and interest of 24,782,821 won under the loan transaction agreement of

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