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(영문) 수원지방법원안양지원 2019.05.31 2018가합101975
손해배상(기)
Text

1. The Defendants jointly do so with each of the Plaintiffs’ KRW 107,869,000 and KRW 102,50,000 among them.

Reasons

1. Basic facts

A. A. Around June 2007, F received a loan from the Defendants to E, etc. Around June 2007, F awarded a license for a waste treatment service business with respect to waste disposal in the G Corporation and H incineration, and the Defendants agreed to repay the security required for the loan of the business fund within three months at the high seas and to pay E’s obligations. E consents thereto and agreed to do so, the land of this case is 97,48 square meters in 1 and 97,488 square meters (hereinafter “instant land”).

(2) On June 20, 2007, the Defendants, a credit service provider, offered as security, and (2) on October 19, 2007, the due date for payment to E, and the interest rate of KRW 250,000,000, which was set at 2.5% per month.

(3) As security for the instant loan obligation on the same day, E is the right to collateral security (hereinafter “the instant loan”) which is the maximum debt amount of 375,000,000 won with respect to the instant land, Defendant C (4/5 equity), Defendant D (1/5 equity), and the right to collateral security (hereinafter “the instant right to collateral security”).

B) On August 14, 2017, the Defendants: (a) transferred the instant loan claims to the Plaintiffs; (b) on December 14, 2017, the Defendants transferred the instant loan claims [the interest and delay damages calculated at the rate of 30% per annum (250,000,000 won of principal and interest calculated at the rate of 30% per annum (2.5%) from December 4, 2009 to the date of full payment]; and (b) received KRW 205,00,000 from the Plaintiffs with the transfer proceeds.

(2) At the time of concluding the instant transfer contract, the Plaintiffs and the Defendants determined that “The transferor (E) does not have any grounds (excluding the fact that the payment has not been made) against the transferor regarding the instant loan claim” as a special agreement.

2) On the same day, the Defendants transferred the instant collateral security established for the security of the instant loan claims to the Plaintiffs (a half of each of the instant shares was additionally registered before the collateral security was completed, and the face value indicated by E as an issuer.

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