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(영문) 서울중앙지방법원 2016.08.26 2014가합547009
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Defendant A Co., Ltd. (hereinafter “Defendant A”) asserted the Plaintiff’s assertion by the parties (hereinafter “Defendant A”) loaned KRW 650,000,000 each on May 4, 2006, May 17, 2007, from F Co., Ltd. (hereinafter “F”), and jointly and severally guaranteed each of the above loans on the same day.

On June 28, 2011, the Plaintiff acquired the above loan claims against the Defendants from F, and delegated F with F the authority to notify the assignment of claims, and notified Defendant A of the said transfer on November 15, 201.

However, as of June 27, 201, the Defendants, as of June 27, 201, overduely pay the principal amount of KRW 992,850,096 and interest of KRW 227,516,875. As such, the Defendants are jointly and severally liable to pay the above money to the Plaintiff, the assignee of the above loan claim. The Defendants, which is part of the above money, seek payment of the agreed damages calculated at the rate of 25% per annum from the day following the delivery of the copy of the claim and the application for modification of the cause of claim.

The Defendant’s assertion F did not transfer the above loan claims to the Defendants, or the above assignment of claims was notified.

Even if it was illegal.

Facts of recognition

Defendant A loaned loans from F until the end of “650,00,000 won”, “12% per annum”, “25% per annum”, “25% per annum”, “25% per annum on May 4, 2007”, and “650,000,000 won per annum,” “650,000,000 won per annum”, “25% per annum”, “25% per annum”, “25% per annum”, “25% per annum on May 17, 2008”, and “208.” (hereinafter “the instant loans”) and jointly and severally guaranteed each of the above loans on the same day.

Following the agreement between F and the Defendants, in the case of the instant loan No. 1, the maturity date shall be “ May 4, 2009,” “14% per annum,” and in the case of the instant loan No. 2, the maturity date shall be “ May 17, 2009.”

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