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(영문) 서울북부지방법원 2016.05.13 2015가단40101
어음금
Text

1. The Defendants jointly combine with the Plaintiff KRW 55 million, and Defendant B with respect thereto, from October 3, 2015, and Defendant C with respect to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff holds ten copies of promissory notes issued by E and endorsed by F after the supply of goods to D Co., Ltd.

B. Around October 2014, F entered into a transfer and acquisition agreement (F refers to “A,” Defendant B, and Defendant C as “A”; hereinafter “instant transfer agreement”) with the Defendants as follows.

1) The object and scope of transfer (A) of H points located in Jongno-gu Seoul Metropolitan Government No. 550,000,000 won [250,000 won from loan borrowed amount of KRW 250,000,000,000 and KRW 250,000,000,000,000,000,000 won (20,000 won from loan borrowed amount of KRW 250,000,000,000) and KRW 34,50,000,000,000,000 won (20,000,000,000 won, 25,000,000 won, 20,000 won, 25,000,000 won, 20,000 won, 25,000,00 won, 20,000 won, etc.) and 4,50,00.

3) (Duty of Notice to Lessee) “A” is a transferor who notifies the lessor of the purpose of this transfer and acquisition, and the problem arising from the omission of the notification is responsible for and resolved by “A”. (4) If both parties violate any of the above obligations, the contract may be rescinded with a three-day maximum period fixed.

Where damage is incurred due to the termination of the contract, the other party shall be compensated for the damage.

C. The Defendants, according to the instant transfer contract, acquired F’s total amount of KRW 55 million in total as stated in the attached list against F’s Plaintiff according to the instant transfer contract, and the Plaintiff consented to the said assumption of obligation.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 5, the purport of the whole pleadings

2. Assertion and determination

(a)the cause of the claim;

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