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(영문) 대구지방법원 2017.12.22 2017가합200386
양수금
Text

1. The Plaintiff:

A. Defendants B and C shall be jointly and severally liable for KRW 100,000,000 and the aforementioned amount.

Reasons

1. Determination as to the claim for transfer money

A. The gist of the Plaintiff’s claim was that the Plaintiff acquired the claim amounting to KRW 100 million against the Defendant medical corporation Eul (hereinafter “Defendant Foundation”), and that the Plaintiff filed a claim for acquisition of the said claim with the Defendant Foundation, the Defendant Foundation prepared a loan certificate (No. 1-1, hereinafter “the instant loan certificate”) with the Defendant Foundation to pay the said money by December 31, 2012, and Defendant C jointly and severally guaranteed this.

Therefore, the defendant foundation and the defendant C are jointly and severally liable to pay the above amount of transfer and delay damages to the plaintiff.

B. In full view of the purport of Gap evidence No. 1 (Ga number omitted; hereinafter the same shall apply), witness Eul's testimony and argument, the plaintiff acquired the instant loan claim from Eul and notified the transfer of the claim by means of informing the defendant C of the above fact to the secretary general who was in charge of the practice of defendant Foundation at around that time. The defendant foundation prepared a loan certificate to the plaintiff that the plaintiff would repay the amount of KRW 100 million, which is the same as the instant loan amount, to December 31, 2012, and the defendant C jointly and severally guaranteed the above debt of the defendant foundation (the above defendants prepared the loan certificate of this case on the condition that the plaintiff would settle the debt of the defendant foundation Eul, KRW 5 million, and KRW 581 million,000,000,000,000,0000,000 won, and since the plaintiff did not have an obligation to pay KRW 100 million,000,0000,000,000,000.

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