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(영문) 서울동부지방법원 2014.03.25 2013가합104972
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 112,930,512 and KRW 1,743,643 among them, from May 1, 2013, and 2,319.

Reasons

(b) the facts of the basis;

A. Korea Commercial Vehicle Co., Ltd. (hereinafter “Korea Commercial Vehicle”) concluded an installment contract with Defendant A on March 25, 2009 with respect to “Newer 8*4.5 tons 25.5 tons” (hereinafter “instant vehicle”), the total amount of KRW 414,70,000 per vehicle price (=207,350,000 per vehicle price x 2), total of KRW 327,50,000 per vehicle price x 327,50,000 per vehicle x 200 won per unit (i.e., 163,50,000 x 2) and the total amount of KRW 11,507,00 per unit (i.e., 15,75,753,500 x 200% per annum) and the scheduled date of payment (i.e., 200, 20000 won per month).

B. From August 31, 2009 to August 24, 2010, the Korean Commercial Vehicle was paid a total of KRW 89,647,376 won from Defendant A, and was appropriated for repayment of KRW 50,573,316 (in total of KRW 25,286,658 per unit x 2) x 37,128,084 (in total of KRW 18,564,042 per unit x 2) x 18,562,876 won (= KRW 781,438 x 2) x 383,100) x 191,550 won after delivery x 2).

C. On May 18, 201, Defendant A received a loan (hereinafter “instant loan”) totaling KRW 200 million per unit (i.e., KRW 100 million per unit x 2) from Solomon Savings Bank (hereinafter “ Solomon Savings Bank”). On the same day, the Solomon Savings Bank remitted KRW 140,000 (i.e., KRW 70,000 per unit x 200 million), excluding the remainder of KRW 17,801,50,000, total amount of taxes paid, from the Korean commercial vehicle on the same day.

On the other hand, on October 10, 201, the Plaintiff received the claim against the Plaintiff under the instant installment contract from a Korean commercial car on the other hand (hereinafter “instant assignment of claim”), and that is, the Plaintiff.

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