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(영문) 서울중앙지방법원 2019.11.07 2019가단5052931
양수금
Text

1. The plaintiff's lawsuit against the defendants is dismissed.

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

Reasons

1. Basic facts

A. 1) F is Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on October 7, 1997

(3) On October 7, 1999, the repayment date under the joint and several sureties of Defendant D and E is set by G (hereinafter “G”).

(2) On October 10, 1997, F provided a promissory note jointly issued by the Defendants under a joint and several surety of Defendant Company, Defendant D, and E, with a redemption date fixed on October 10, 1999, and received additional loans of KRW 250,000,000 under the above loan terms and conditions as set forth in G as follows: (a) the interest rate shall apply to the case where the interest rate is changed; and (b) the interest rate shall apply to the case where the principal is not repaid or the interest is not paid on the given date; and (c) the interest rate shall be paid to the entire balance of the borrowed amount when the interest is lost.

(hereinafter the above two loans collectively referred to as “instant loans”). B.

G transferred all of the claims arising from the instant loan to H (hereinafter “H”) as of September 30, 2002, and notified the Defendants on January 3, 2003.

C. H filed a lawsuit against F and the Defendants on January 7, 2003 against the Seoul District Court 2003Gahap1132.

On August 29, 2003, the above court rendered a judgment with the content that "F and the defendants jointly and severally paid to the plaintiff 1,671,009,155 won and 1,150,000 won, which is calculated by the rate of 22% per annum from October 1, 2002 to the date of full payment," and the judgment in the previous suit became final and conclusive around that time.

H on April 4, 2007, and I transferred the instant loan claim to A Co., Ltd. (hereinafter “A”) on December 11, 2009, and around that time, notified the Defendants of the transfer.

E. On April 30, 2013, A was subject to the Seoul Central District Court Decision 2013Hahap46, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

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