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(영문) 서울중앙지방법원 2019.12.05 2019가합551386
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. 1) C Co., Ltd. (hereinafter “C”) in terms of lease contracts and assignment of claims

on November 30, 1993, D Co., Ltd. (hereinafter referred to as “D”).

As between September 17, 1993 and April 28, 1995, Co., Ltd. E (hereinafter “E”)

(2) The term “each of the instant lease agreements” was respectively referred to as “each of the instant lease agreements,” respectively, (hereinafter referred to as “the instant lease agreements”).

(2) Upon entering into each of the instant lease agreements, F and the Defendant jointly and severally guaranteed the respective lease obligations of D and E. (2) C terminated all the respective lease agreements with D on December 9, 199, and between July 1, 1999 and December 9, 1999.

3) At the time of the termination of the foregoing, the Defendant: (a) as to D, the principal of the lease fee of KRW 297,150,709; and (b) interest or delay damages on D (hereinafter “the lease fee claim of this case”).

(B) Eul, for E, the principal of the lease fee of 867,323,532 won under the lease agreement concluded on September 17, 1993 and interest or delay damages thereon (hereinafter “interest, etc.”).

() The lease fees of KRW 1,192,436,369, and KRW 285,30,046,706 under the lease contract concluded on December 17, 1993 and interest thereon, etc. shall be KRW 282,863, and KRW 2,853,216,218 under the lease contract concluded on September 10, 1994 and interest thereon, including KRW 3,679,98,475, and KRW 72,504,32, and KRW 86,26,782, and interest thereon, and KRW 306,375,395, and interest thereon, etc. under the lease contract concluded on April 25, 1994 (hereinafter collectively referred to as the “lease charges of KRW 306,306,379,375,396,379,379,475, and interest thereon).

(4) The lease fee claims Nos. 1 and 2 of this case were finally transferred to the Plaintiff through several assignments of claims as indicated below.

The assignee of the credit who has transferred the credit.

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