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(영문) 청주지방법원 2018.11.07 2018나7802
양수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “B”) entered into an agreement with Hyundai Capital Co., Ltd. (hereinafter “Modern Capital”) to lend KRW 13,500,000 on April 20, 2005 (hereinafter “loan 1”) at each interest rate of KRW 15,00,000 on April 27, 2005 (hereinafter “Loan 2”) with interest rate of KRW 7.5% per annum on April 27, 2005, and with interest rate of KRW 24% per annum for the period of 36 months, and the Defendant jointly and severally guaranteed the obligation of Section B under the above loan agreement.

B. On November 21, 2005, Hyundai Capital, Inc. filed a lawsuit against B and the defendant (Seoul Southern District Court 2005Gaso321611), and on May 16, 2006, the judgment of May 16, 2006 that "B and the defendant jointly and severally paid to Hyundai Capital the amount of KRW 13,177,771 and the amount of KRW 12,821,19 per annum from October 22, 2005 to the date of full payment." The judgment of June 10, 2006 became final and conclusive.

C. On November 14, 2005, Hyundai Capital, Inc., filed a lawsuit against B and the defendant to claim the repayment of the second loan claim (Seoul Southern District Court 2005da314415). On February 15, 2006, the judgment was rendered on September 27, 2005 that "B and the defendant jointly and severally paid to Hyundai Capital the amount of KRW 15,027,113 and the amount of KRW 14,625,871 per annum from September 27, 2005 to the date of full payment" and the above judgment was finalized on March 15, 2006.

On May 20, 2016, the Plaintiff entered into a contract to acquire the outstanding claims of KRW 814,003,869,166, including Hyundai Capital and the claims for loans 1 and 2 above. On July 27, 2016, the Plaintiff sent to B a written notice of the assignment of claims and the fact of entrustment (acceptance) indicating the intent of the said assignment of claims by content-certified mail.

E. As of March 7, 2018, the principal balance of the first loan bonds is KRW 12,145,938, interest is KRW 42,767,479, the principal balance of the second loan bonds is KRW 14,625,871, and interest is KRW 34,785,03.

recognized.

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