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(영문) 서울중앙지방법원 2020.09.16 2020가단5008510
양수금
Text

The Defendants jointly and severally pay to the Plaintiff KRW 257,510,793 as well as KRW 167,147,424 as from February 15, 2020.

Reasons

1. The fact that Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) entered into a credit transaction agreement with F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on July 9, 2008 on the loan amount of KRW 107,00,00,000 per annum, and the overdue interest rate of KRW 13% per annum; Defendant D and Defendant E jointly and severally guaranteed the above loan obligations of Defendant Co., Ltd; the Plaintiff took over the loan obligations of Defendant Co., Ltd. against the Defendants from Nonparty Co. on May 27, 2019; the Plaintiff notified the Defendants of the assignment of claims; the Plaintiff’s total amount of the Plaintiff’s transfer of claims as of January 9, 2020 with the Plaintiff’s transfer of claims as of KRW 257,510,793 (including the principal amount of KRW 167,147,424) does not conflict between the parties; or the purport of the entire pleadings can be acknowledged by comprehensively taking account of each of the evidence No. 1 through No.5 (including numbers).

According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 257,510,793 won and 167,147,424 won of the principal, which shall be determined by the ratio of 13% per annum pursuant to the agreement, from February 15, 2020 to the date of full payment, following the delivery of the plaintiff's claim and the application for modification of the cause of the claim.

2. Conclusion, the Plaintiff’s claim against the Defendants is justified.

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