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(영문) 창원지방법원 2017.10.19 2017나53160
청구이의
Text

1. The judgment of the court of first instance is modified as follows. A.

The defendant's assertion is against the plaintiffs.

Reasons

1. Basic facts

A. The defendant filed a civil lawsuit against the non-party D with a loan of KRW 20,00,000 against the plaintiff, KRW 20,000,000, and KRW 10,000 against the plaintiff. The court of first instance decided on April 20, 2012 to the plaintiff (the defendant of this case), KRW 20,000, and KRW 36% per annum from August 31, 2006 to June 29, 2007, KRW 30% per annum from the next day to June 207, KRW 30% per annum from the next day to the day of complete payment, and KRW 20,000 per annum from the next day to 30,000 per annum, and KRW 30,00 per annum from the next day to 300,000 per annum from August 31, 206 to the day of complete payment (the plaintiff of this case).

(J) Jinwon District Court Decision 201No. 11678, Jinwon District Court Decision 201Da11678, hereinafter referred to as the “instant judgment”): Loans extended by Jinwon District Court 201Da11678

1. Gap (the defendant in this case) and Eul (D) agree to KRW 50,000,000 with respect to the above related cases.

2. The method of payment shall be 50,000,000 won out of the liability of 99,000,000,000 won which A is liable to pay to C (E).

3.As of the date of gold, Gap shall transfer to Byung the claims of 50,000,000 won with Eul to Byung in lieu of a partial discharge of its obligations against Byung, and Byung who is the transferee shall accept the claims.

Therefore, it is confirmed that the remaining debt to be repaid to Byung is KRW 49,00,000.

4. Eul shall approve the assignment of claims in the amount of fifty thousand won,00,000 won that is transferred by Eul to Byung under this agreement.

Therefore, it is confirmed that there is no obligation relationship between A and A.

B shall make sure to Byung pay its obligations as agreed upon.

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