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(영문) 서울북부지방법원 2019.07.11 2018가단132766
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 186,547,945 and KRW 100,000,000 among them.

Reasons

1. Determination as to the claim against Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).

A. (1) On August 14, 2008, the Defendant Company entered into a credit transaction agreement with a maturity of KRW 150 million with respect to loans extended from E Co., Ltd. (hereinafter “E”) on a date set as August 13, 2012.

(2) On October 11, 2012, the maturity of the credit transaction agreement was extended on February 13, 2013, and the loan conditions were changed to 126,80,000 won per annum and 18% per annum, and Defendant D was additionally admitted as joint and several sureties.

(3) The above loan claims were successively transferred from E to F limited liability companies, G limited liability companies, and Plaintiff, and the notice of transfer stating each of the above assignment claims was sent to the Defendant Company by content-certified mail.

(4) As of June 14, 2018, the loan claims amounting to the principal amounting to KRW 154,098,864, delay damages amounting to KRW 133,369,40, and KRW 287,468,264.

(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against Defendant D

A. The facts of recognition (1) on August 14, 2008, the Defendant Company concluded a credit transaction agreement with a maturity of KRW 150 million from E on a fixed date on August 13, 2012. At the time H offered apartment houses owned by Defendant Company as security while jointly and severally performing the above loan obligations.

(2) On October 11, 2012, the maturity of the credit transaction agreement was extended on February 13, 2013, and the loan conditions were changed to 126,80,000 won per annum and 18% per annum, and Defendant D was additionally admitted as joint and several sureties.

(3) The above loan claims were successively transferred from E to F limited liability companies, G limited liability companies, and Plaintiff, and the notice of transfer stating each of the above assignment claims was sent to the Defendant Company by content-certified mail.

(4) Meanwhile, on January 10, 2013, E applied for an auction of real estate on H-owned apartment (Sacheon District Court Support I) and the original copy of the decision on commencing the auction is against the Defendant Company on January 15, 2013.

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