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(영문) 서울서부지방법원 2015.08.12 2014가단256813
양수금
Text

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

2. The Defendants are jointly and severally liable to the Plaintiff’s Intervenor.

Reasons

1. On May 7, 2008, Korea Capital Co., Ltd. loaned 21.5 million won (8.25% per annum and 24% per annum) to Defendant A under the joint and several guarantee by Defendant B.

On May 18, 2012, our Capital transferred its claim against the Defendants to the Flost Loan Co., Ltd., and the Flost Loan transferred its claim against the Plaintiff on July 22, 2014.

At that time, our Capital notified the Defendants of the assignment of claims.

The principal and interest of the Plaintiff’s claim against the Defendants is KRW 40,235,019 (principal KRW 20,528,882).

On May 15, 2015, the Plaintiff transferred the obligation to the Plaintiff’s succeeding Intervenor. Around that time, the succeeding intervenor notified the Defendants of the assignment of the obligation.

[Reasons for Recognition] Evidence Nos. 1 to 7, and the purport of the whole pleading

2. The Defendants are jointly and severally liable to pay the Plaintiff’s succeeding intervenors the principal amount of KRW 20,528,882 as well as damages for delay calculated by the rate of 20% per annum from July 2, 2015 to June 23, 2015, and from June 23, 2015 to the date of full payment.

Since the Plaintiff lost the source of claim by transferring the above claim to the Intervenor succeeding to the Plaintiff, the Plaintiff’s claim against the Defendants is without merit.

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