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(영문) 의정부지방법원 2019.08.21 2018가합59052
채권양도절차이행 청구의 소
Text

1. The Defendant transferred to the Plaintiff the claims listed in the separate sheet No. 2 attached hereto, and transferred to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 18, 2015, the Defendant: (a) as the agent of C, D, E, and F (hereinafter “instant obligors”) indicated in the separate sheet No. 2, the Defendant, as the Defendant himself/herself, entrusted a notary public with the preparation of a notarial deed as follows; (b) the attorney-at-law in charge of authentication of the said law firm, as the notarial deed No. 1440, 2015, prepared a notarial deed of debt repayment (quasi-loan) agreement (hereinafter “instant notarial deed”).

On September 18, 2015, the obligor of Article 1 acknowledged that the obligee bears the obligation of KRW 790 million pursuant to the monetary loan contract as of September 18, 2015, and offered to the obligee for reimbursement in accordance with the following provisions and accepted the obligee’s acceptance.

Article 2 (Period and Method of Payment) The payment deadline shall be December 31, 2015.

Article 3 (Interest)

Article 4 (Place of Performance) The place of performance of an obligation shall be the domicile of the obligee.

Article 5 (Amount of Damages for Delay) If the debtor delays the repayment of the above amount, damages for delay shall be paid to the creditor at the rate of 20% per annum to the delayed amount.

Article 9 (Recognition and Recognition of Compulsory Execution) When a debtor fails to discharge his pecuniary obligation under this contract, the debtor recognized and recognized that there is no objection even if he was immediately subject to compulsory execution.

B. On January 19, 2016, the Defendant transferred to the Plaintiff the instant claim on the notarial deed (attached Form 1; hereinafter “instant claim”).

The terms of the above assignment contract (hereinafter referred to as "transfer contract of this case") shall be as follows:

Transfer claim: Claim indicated in the Notarial Deed of this case is KRW 790 million, and all rights arising from the Notarial Deed of this case are assigned to the Plaintiff by the Defendant (type of claim to be transferred) under Article 1(1) of the Act, which the Defendant is entitled to receive to the obligor of this case, based on a quasi-loan agreement with executory power under the Notarial Deed of

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