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(영문) 서울중앙지방법원 2020.11.04 2018가합533848
채무인수금 청구의 소
Text

1. The Defendant’s KRW 640,801,610 as well as the Plaintiff’s annual rate from August 4, 2016 to June 1, 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that is engaged in the manufacture of electronic equipment and parts, wholesale and real estate leasing, etc., and Co., Ltd. (hereinafter “C”).

(2) The Defendant is a company that engages in the manufacture and sale of dental appliances and their accessory materials, the manufacture of medical appliances, and the wholesale and retail of medical appliances.

B. The Plaintiff agreed to reduce the sum of the unpaid rent and the price for goods to KRW 795,801,610 on March 18, 2016 between C and C to KRW 12,801,610,000 for real estate rent and KRW 1,15,000 for each loan claim against E, although the Plaintiff leased real estate to C and around August 2014, and supplied the game machine on January 8, 2015. However, the Plaintiff did not receive KRW 12,80,000 for real estate rent and the price for the game machine goods. 2) The Plaintiff agreed to reduce the sum of the unpaid rent and the price for goods to KRW 795,801,610 for the smooth repayment of the unpaid rent and the price for goods. On the same day, C received KRW 15,00,000 from C.

[hereinafter] C’s remaining debt amounting to KRW 640,801,610 (i.e., KRW 795,801,610) (i.e., KRW 155,00,000) (hereinafter “instant debt”).

C’s lending of money to F, etc. 1) C is a corporation F on October 2, 2015 (hereinafter “F”).

(B) the loan (hereinafter referred to as “instant loan claim”) in the amount of KRW 1 billion, interest rate of KRW 6.9% per annum, interest rate of KRW 18% per annum, and due date of payment on November 30, 2015.

(2) On October 8, 2015, the F owned each of the above real estate by completing the registration of ownership transfer based on the trust under the name of H Co., Ltd. (hereinafter “H”) at the same time with respect to each registration of ownership transfer arising from sale and purchase under its own name with respect to land and its ground (hereinafter “each of the instant real estate”).

The Plaintiff, on April 29, 201, agreed on the transfer of loan bonds and the assumption of the obligation of this case, shall C and C.

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