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(영문) 서울중앙지방법원 2015.12.18 2014가합594722
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 20, 2012, the Defendant was granted a loan of 18.8 billion won at the interest rate of 8.5% per annum, interest rate of 18.5% per annum, interest rate of delay damages, and date of repayment on August 21, 2013, from the foreign case of the Non-Party Co., Ltd. (hereinafter “Korea Co., Ltd”).

(B) The above loan claims against the Defendant (hereinafter “loan claims against the Defendant of this case”).

On November 11, 2013, 2013, the State KICo., Ltd. (hereinafter “Lone Star Investment”) determined and transferred a loan claim against the Defendant at KRW 5 billion (hereinafter “transfer of claim as of November 11, 2013”), and paid the down payment of KRW 1 billion within one business day after the date of conclusion of the contract, and the balance of KRW 4 billion within four months after the date of conclusion of the contract. On the same day, the Defendant consented to the transfer of claim as of November 11, 2013. (c) The Defendant changed the balance of KRW 4 billion from the date of the said contract to KRW 13 billion from the date of the transfer of claim to KRW 14 billion from the date of the said contract to March 11, 2014; and the State’s request for the payment of the remainder of KRW 13 billion from the date of the transfer of claim to KRW 14 billion from the date of the said contract to the date of the transfer of claim to KRW 213 billion.

E. On March 21, 2014, E.S. Investment concluded a monetary loan agreement with the Plaintiff and the Plaintiff to borrow KRW 4 billion at an annual interest rate of 6% per annum, interest rate of 24% per annum, and due date of payment on April 20, 2014 (hereinafter “instant loan agreement”). In order to secure obligations such as principal, interest, etc. under the said loan agreement.

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