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(영문) 부산지방법원 2019.11.13 2019가합41603
보증채무금
Text

1. The Defendant: (a) KRW 220,00,000 for the Plaintiff and 5% per annum from September 1, 2014 to November 13, 2019; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) purchased stocks and management rights of E Co., Ltd. (hereinafter “C”) from Cambodia Co., Ltd. (hereinafter “D”) in USD 2,340,720 from January 10, 2013.

B. On August 9, 2013, D transferred KRW 270,000,00 among the purchase price bonds with respect to the above shares and management rights held by D against D to E (hereinafter “E”) and notified C of the said transfer with a certificate with the fixed date on the same day.

C. After that, E filed an application with the Daejeon District Court for a payment order for the payment of the above takeover amount under the Daejeon District Court 2014Ra223, and on April 18, 2014, the above court issued the payment order (hereinafter “instant payment order”) with the purport that “C shall pay E KRW 270,000,000 and/or any delay damages at the rate of 20% per annum from the day after the delivery of the payment order to the day of complete payment.” The above payment order was served to C on April 24, 2014 and became final and conclusive as it is.

On the other hand, on November 25, 2016, E transferred to the Plaintiff the claim against E under the instant payment order that E had against C.

E. On December 15, 2016, E notified C of the fact of transfer of the above claim by content-certified mail (hereinafter “instant notice of transfer of claim”), and C’s representative director is indicated as the Defendant, and the said notice was served to the Defendant’s address on the abstract of resident registration.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 11, 12, 15 through 17, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The parties’ assertion 1 Plaintiff E had a claim of KRW 270,000,000 under the instant payment order against C, but the said claim was transferred to the Plaintiff.

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