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(영문) 서울고등법원 2015.01.09 2014나18478
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The defendant's succession to the lawsuit is supported by the defendant.

Reasons

1. Basic facts

A. On February 23, 2011, Plaintiff A entered into an agreement with Plaintiff A and JJ on February 23, 201 on the loan of KRW 3.5 billion from E Co., Ltd. (hereinafter collectively referred to as “JJ”) on February 23, 201, taking out a loan of KRW 3.5 billion at 10% per annum (hereinafter referred to as “the loan agreement of February 23, 201”), J and G Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) on the same day, taking out an agreement on the repayment of the above loan of KRW 10.1 billion between Plaintiff B and J Co. 201 (Evidence 2, 201) on November 23, 201 and Plaintiff JJ 23, 2013 (hereinafter referred to as “Plaintiff JJ 13, 2015”).

Plaintiff

On December 28, 2012 between B and J, Plaintiff B, including the loan agreement dated December 28, 2012, concluded a loan agreement between J and 4 billion won under the joint and several guarantee of Plaintiff A and C on December 28, 2012, with the interest rate of 10% per annum, due date of payment on June 28, 2013 (hereinafter “the loan agreement between December 28, 2012”). On December 31, 2012, Plaintiff B, J and Nonparty Company concluded a loan agreement between Plaintiff and J on December 29, 2012 with the obligation of Nonparty Company on December 28, 2012, with the assumption of the obligation based on the loan agreement between Plaintiff A and J on December 28, 2012 (i.e., the assumption of the obligation of Nonparty Company on June 21, 2012).

Plaintiff

Plaintiff D, including the loan agreement between D and the Defendant on December 31, 2012, changed its trade name from “stock company F” to “stock company I” on December 31, 2012.

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