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(영문) 서울중앙지방법원 2018.11.29 2017가단67248
양수금(일부금)
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from July 7, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) implemented each loan to D Co., Ltd. (hereinafter “D”) as listed in the following table:

(hereinafter referred to as “each of the loans of this case”). The balance of the loan principal on the date of the loan of this case shall be less than 17% per annum of less than 206-03-21,000,000,000 of the loan of the loan of the loan of the loan of this case, 17% per annum of less than 2007-02-14,000,000,000 of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the enterprise of this case, 207-07-10-30,000 per annum of less than 3 months, and 19% per annum of not less than 3 months and 17% per annum of less than 3 months.

B. The Defendant, as the representative director of the non-party company, extended the maturity of each of the instant loans transaction by March 30, 201, and jointly and severally guaranteed all obligations that D is currently and future due to the transaction of “general fund loans for business operation” to C within the limit of KRW 600 million.

C. C on March 31, 201, notified D of the fact that the benefit of each of the instant loans has been lost. D.

C on April 19, 2012, transferred each of the instant loans to D to E-LLC, and notified D of this on April 20, 2012.

E. E limited liability company reported the current status of claims as indicated below in the F real estate auction case in the F real estate Gancheon Branch of Daejeon District Court, and recovered a total of KRW 2,390,124,462, including the receipt of KRW 2,388,00,00 from the open date of distribution on July 25, 2013.

G H I J J

F. On November 28, 2013, the distribution schedule was prepared to receive dividends of KRW 85,020,124 as a person holding a provisional attachment (court 2013Kadan2219) on November 28, 2013, and the amount of KRW 85,020,124 was distributed by adding the statutory interest on November 26, 2014.

G. On September 29, 2016, E limited liability company transferred each of the instant loans to the Plaintiff according to the asset transfer agreement, and completed the notification of the assignment of claims on October 21, 2016. The said notification of the assignment of claims was made on February 14, 2007 to the Plaintiff.

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