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(영문) 대전지방법원천안지원 2020.06.04 2020가합100355
기타(금전)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) shall file a lawsuit against the defendant and D for the payment of promissory notes (hereinafter “prior lawsuit”) with the Seoul District Court 94Gahap93450, Jun. 27, 1996, “C” shall be 4,032,748,98, and 2,700,957,468 of the above amount shall be 14% per annum from November 22, 1991 to December 21, 1991; 9% per annum from the following day to June 27, 1996 to 9.2% per annum; 9% per annum from the next day to June 27, 1996 to the 9.2% per annum; 9% per annum from the next day to the 9.15% per annum; and 29% per annum from the 1,31,791,520% per annum; and 9.6% per annum from the 19.6.

B. On January 28, 2016, C entered into a claim acquisition agreement with E (hereinafter “instant claim acquisition agreement”) with the content that “C transfers claims based on the judgment of the prior suit held against the Defendant and D to E or to a person designated by E” (hereinafter “instant claim acquisition agreement”).

C. On January 28, 2016, E sent to C a document stating that “The assignee of the claim under the instant credit acquisition agreement shall be designated as the Plaintiff” under the title “case of the designation of a party to the contract.”

On January 29, 2016, the Plaintiff sent to the Defendant a document stating that “the Plaintiff acquired the Defendant’s claim from C and succeeded to the obligee’s status. The Defendant is obligated to repay the claim that the Plaintiff acquired from the transferor C, and the amount is KRW 18,938,323,816.”

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