logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.05.31 2016다248929
양수금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Regarding ground of appeal No. 1

A. The lower court acknowledged the following facts based on evidence.

1) The national cases, Inc., Ltd., Ltd., (hereinafter “Bad c”), is called “Bak c”.

(2) On July 20, 2012, the Defendant leased KRW 18.8 billion at the interest rate of 8.5% per annum, 18% per annum, and the due date of payment on August 21, 2013 (hereinafter “instant claim”).

(2) On November 11, 2013, 201, the country-based case transferred the instant claim to Est Star Investment Co., Ltd. (hereinafter “Est Star Investment”) at KRW 5 billion. The payment deadline of KRW 1 billion was set within one business day after the date of concluding the contract, and the remaining payment period of KRW 4 billion was set within four months from the date of concluding the contract. On the same day, the Defendant consented to the said assignment of claim.

3) On March 21, 2014, Lone Star Investment Company failed to pay the balance of 4 billion won under the above credit assignment agreement up to March 11, 2014, within four months from the date of conclusion of the contract. Among the foregoing, the Korea Kystar and Eyone Star Investment drafted a contract for the change of the credit transfer and acquisition of the credit, which would change the payment period of the balance of 4 billion won up to March 31, 2014, to the remainder of 27, 2013. 4) This Lone Star Investment drafted a contract for the change of the credit transfer and acquisition of the credit with the Plaintiff’s interest rate of 6 billion won per annum, delay interest rate of 24% per annum, and interest rate of 1.8 billion won per annum, to secure obligations such as principal, principal, interest, etc., the Defendant concluded the pledge agreement with the Plaintiff and the pledge agreement with the Plaintiff (hereinafter “instant loan agreement”).

5. The case.

arrow