logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전고등법원(청주) 2017.11.28 2016나10965
근저당권이전등기
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. D Co., Ltd. (formerly changed: E Co., Ltd.; hereinafter referred to as “D; hereinafter referred to as “E”) and C Co., Ltd. (hereinafter referred to as “C”) on July 23, 2009 (hereinafter referred to as “C”) agreed to the effect that C would pay damages for delay calculated at the rate of 30% per annum from the date following the due date of repayment to the date of full payment, and F would jointly and severally guarantee the obligations of the above C.

B. Around October 22, 2013, the Defendant, who substantially operated D, acquired the claim for the above agreed amount from D to D.

C. Around January 2014, the Plaintiff drafted a written agreement (hereinafter “instant agreement”) with the Defendant, a stock company (hereinafter “G”), and H (hereinafter “H”) (former trade name: K Co., Ltd.; hereinafter “H”). The main contents of the instant agreement are as follows.

Agreed Matters

1. The premise facts G and H notify the Defendant that they transferred all the claims owed to the Defendant to the Plaintiff, and the Defendant agrees to pay the Plaintiff the existing claims to be repaid to G and H as follows.

2. Matters concerning transfer and takeover of bonds;

A. The Defendant shall certify and deliver to the Plaintiff a contract for the transfer and takeover of the claim amounting to KRW 400 million among the transfer and takeover claims that C and F, and shall notify C and F as joint and several sureties of the notice of the transfer of claim.

B. The Defendant shall pay to the Plaintiff, separate from this Agreement, the unpaid amount and damages for delay (the amount equivalent to 30% per annum from January 24, 2014 to the date of full payment) where the Plaintiff was not paid the assignee’s claim in full from C and one other.

C. G and H seem to be a clerical error in the “claim Interest” only when the Plaintiff receives full amount of the claim for the amount transferred from the Defendant from C and one other.

A performance shall be deemed to have been effected.

arrow