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(영문) 서울중앙지방법원 2018.04.25 2017가합21386
양수금
Text

1. The Defendant: (a) KRW 1,323,189,073 to the Plaintiff; and (b) KRW 6% per annum from March 30, 2017 to April 25, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of developing, manufacturing, importing, selling, exporting, or lending computers and related equipment, and the Defendant is a corporation established for the purpose of real estate development and management business.

B. 1) B Urban environment rearrangement project promotion committee (hereinafter “instant promotion committee”) shall be the urban environment rearrangement project promotion committee (hereinafter “instant promotion committee”)

around August 2008, C Co., Ltd. (hereinafter referred to as “C”)

B) On March 18, 2009, the instant promotion committee entered into a contract on the vicarious implementation of the urban environment rearrangement project in Dongdaemun-gu Seoul Metropolitan Government D's D'. (2) On March 18, 2009, U-CITY construction project (hereinafter "instant network construction project") with ELElectronic to install network facilities, etc. within the said urban environment rearrangement project zone.

3) On June 29, 2009, the Plaintiff, in cooperation with C’s financing for the project of building the instant network, received a proposal from C to accept a part of the project of building the network, and agreed to enter into a subcontract with ELE for the project of building the network of this case. (c) On September 24, 2009, C borrowed KRW 1,400,000 from a new bank (hereinafter “new bank”) on September 24, 2009 (hereinafter “the instant loan”). At the time, the Plaintiff was jointly and severally liable for the said loan to C’s new bank.

2) C requested the Plaintiff to pay the instant loan by subrogation in the absence of the repayment of the obligation, and on September 28, 2012, E Co., Ltd. (which is identical with the Defendant, but address is the same as that of the Defendant, and on September 28, 2012, the address is the Daejeon Middle-gu F, the first floor, and the representative: hereinafter “E”).

In this case, between the Plaintiff and the Plaintiff.

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