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(영문) 서울중앙지방법원 2014.05.30 2013가합527251
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts of recognition do not conflict between the Parties, or are recognized by taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, 3, 4, 9, 13 (including the number, hereinafter the same shall apply) and Eul evidence Nos. 1 and 2:

A. The non-party company’s debt 1) B (hereinafter “non-party company”)

on May 28, 2009 (hereinafter “first loan”) KRW 1 billion from Han Bank (hereinafter “No. 1”).

(2) On February 12, 2010, KRW 400 million (hereinafter “second loan”)

(2) As of December 2012, the non-party company did not pay 80 million won out of the principal of the first loan, 395 million won out of the principal of the second loan, and damages for delay as to each of the above amounts.

3) On December 6, 2012, Han Bank transferred each of the above loans against the non-party company to the Joint Asset Management Co., Ltd., and on December 28, 2012, the Joint Asset Management Co., Ltd. transferred each of the above loans to the plaintiff on December 28, 2012, and notified the non-party company of the assignment of the above loans. 4) On the other hand, the plaintiff was paid the non-party company to pay the principal and interest among the loans against the non-party company's each of the loans, and as a result, the loans against the non-party company to the non-party company were in outstanding status of KRW 210,9281 as of September 12, 2013.

B. The Defendant Company and the non-party Company was established on April 1, 201, and the non-party Company was established on April 1, 201. At the time, E, who was in the position of representative director of the non-party Company, was in charge of the audit of the Defendant Company. The non-party Company closed its business on September 3, 2012.

2. The plaintiff's assertion

A. Mainly, the defendant company is the non-party company.

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