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(영문) 서울서부지방법원 2020.02.07 2019가단241007
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the statement No. 3-1 and No. 2 of the record, C entered into an agreement with D Co., Ltd. (hereinafter “D”), with respect to the loan amount of KRW 90,00,000 on October 12, 201, KRW 48 months during the loan period, interest rate of KRW 17.9% per annum, interest rate of KRW 29% per annum, interest rate of KRW 29% per annum, and interest rate of KRW 45 months after the date of repayment three months after the date of repayment method, the second loan agreement is made with the repayment method of interest and interest of KRW 80,00,00 for the loan amount of KRW 48 months on February 24, 201, interest rate of KRW 18.9% per annum, overdue interest rate of KRW 29 per annum, interest rate of KRW 100,00 per annum, interest rate of KRW 100,000 per joint and several surety.

2. Determination

A. The Plaintiff asserts that D transferred each of the above loans to E Co., Ltd. (hereinafter “E”), and E transferred each of the above loans to the Plaintiff on May 20, 2016, and that on October 25, 2016, C notified the Plaintiff of the fact of transfer by content-certified mail, the Defendant shall pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from June 25, 2019 to the date of full payment, and that the Defendant is obliged to pay the said money within the maximum of 21,00,000 won, which is the maximum amount of the guaranteed debt, to the Plaintiff.

On the other hand, the defendant asserts that the plaintiff's claim against the defendant was extinguished by the lapse of the five-year statute of limitations as commercial claim.

B. In the instant case where a bond transfer and takeover contract made between D and E is not submitted, it is not sufficient to acknowledge the fact that E received each of the above loans from E solely by the evidence submitted by the Plaintiff or the response of the order to submit financial transaction information to E by this court, and there is no other evidence to acknowledge otherwise.

Even if so, it is not.

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