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(영문) 서울서부지방법원 2019.01.25 2018가단234194
양수금
Text

1. The defendant is jointly and severally with D to pay 50,00,000 won and 40,668,352 won among them.

Reasons

1. According to the evidence Nos. 1 to 5, the facts constituting the ground for the attachment are recognized.

2. As to this, the defendant submitted a formal reply only and did not specifically dispute the plaintiff's argument, it is determined that the plaintiff's argument is admitted unless there are any particular circumstances.

3. Therefore, the Defendant is jointly and severally liable with D to pay 50,000,000 won and 40,668,352 won, whichever is above, with D, with 20% interest per annum from September 7, 2018 to the date of full payment. Therefore, the Defendant is obligated to accept the Plaintiff’s claim of this case.

Attached Form

: Cause of Claim

1. Applications for financial transactions and pending obligations with non-applicant financial institutions;

A. The debtor agreed to faithfully perform each of the provisions specified in the sales contract in the contract when entering into the contract for construction machinery sales with the non-applicant E Co., Ltd. (F Co., Ltd.) and the total sum of 124,204,256, and if the debtor delays the performance of his/her obligation or violates some of the contract, he/she shall lose the benefit of time and pay the overdue interest in addition to the interest rate agreed with the non-applicant E Co., Ltd.

B. However, since debtors do not faithfully perform the payment of principal and interest during a transaction under the above arrangement, they lose the benefit of time and this arrangement was terminated at the same time, and until September 6, 2018, there are still obligations as follows.

- below-Initials: 40,668,352 Won: 154,478,012 Won Subsequent to the original acquisition: 29,860,598 Won: 225,006,962 KRW 50,000,000 per annum; 20% per annum;

2. On June 28, 1999, F Co., Ltd.: (a) transferred its claim to Nonparty G on the part of the creditor company, etc.; (b) Company G transferred its claim to Nonparty G on November 19, 2002; (c) Company H transferred its claim to Nonparty H on December 28, 2012; and (d) Company H transferred its claim to Nonparty I on January 5, 2015.

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