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(영문) 서울남부지방법원 2018.01.18 2017가합112035
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 239,109,589 and the interest rate of KRW 15% per annum from October 17, 2017 to the date of full payment.

Reasons

Based on the facts, the Defendant entered into a contract for business transfer and takeover between the Defendant and C on January 24, 2015, shall comprehensively take over all assets and liabilities related to H Group comprised of the F value in Seoul and D1, 4, and 3 floors in Gangnam-gu Seoul and the G value in Gangnam-gu Seoul Metropolitan Government D two floors, and the sale price shall be KRW 2.2 billion, the payment period shall be specified in the promissory note and the notarial deed, and a promissory note shall be specified in the notarial deed, the payment period shall be specified in the promissory note and the notarial deed; the promissory note shall be specified in the 20% interest rate in the notarial deed (hereinafter “instant agreement for business transfer”); and the contract shall be notarized as to the said document

(No. 3509). For the payment of some of the proceeds of the instant asset transfer contract, the Defendant drafted four copies of the No. 1 billion won No. 261, 262, 264, and 264 of the original office (No. 264 of the original office) of the promissory note No. 3509.

The purpose of Article 1 of the Plaintiff’s acquisition of the claim from C is to pay to B the sum of the amount calculated by the sum of KRW 520,000,000 and the annual interest rate of KRW 24% of the total amount of the total amount of the debt incurred from the fraudulent damage agreed upon to be borne by B (C) to B (Plaintiff) through the transfer of the claim.

Article 2 Statement Guarantee, etc. ① Confirmation that A has the following claims against B against the Defendant.

1) For the security of the instant claim for transfer proceeds amounting to KRW 2.2 billion due to the instant asset transfer agreement, the instant claim for interest amounting to 20% per annum from January 26, 2015, which is the date of business transfer and takeover agreement, to the date of full payment of promissory notes, as stated in paragraph (1) (2) of the total amount of transfer proceeds stipulated in Chapter 4 of the said Promissory Notes issued by the Defendant for the security of the instant claim for transfer proceeds.

(2) Eul has already been paid to Gap 140 million won out of the principal of the claims specified in Article 1 520 million won, and the remaining amount of claims shall be KRW 376 million of the principal.

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