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(영문) 서울중앙지방법원 2015.07.03 2015가합5069

양수금

Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) KRW 150,000,000; and (b) from June 30, 2012 to July 3, 2015.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(2) On or around January 13, 1997, the Promissory Notes trading agreement (hereinafter “instant agreement”) shall be determined at the rate of 1,233,00 U.S. dollars on foreign currency loans, 1,233,000 during the trading period until July 13, 2004, Libor 2% per annum, and 18% per annum on delay damages rate.

(2) The Defendant Company lost the benefit of time by delaying the repayment of the principal and interest of the loan pursuant to the Promissory Notes transaction agreement, and on September 18, 2012, the Defendant Company was transferred the principal and interest of the loan to the Korea Asset Management Corporation on March 12, 1999, and on September 18, 2012, respectively, to the Plaintiff, and the fact of transfer at each time was notified to the Defendant Company.

On January 13, 1997, the sum of principal and interest interest on the first loan of the United States currency of USD 1,228,90 (the conversion amount as of June 30, 2012, the base rate for sale and purchase of the United States currency of USD 1153.80, or the Plaintiff claimed the conversion amount based on KRW 1146.50,00, and accordingly, the amount was stated accordingly: USD 1,408,93,93,850: USD 743,11.98 (the converted amount: KRW 851,977,885), US currency of USD 1,210,541.45 (the converted amount: KRW 1,387,85,73) (the converted amount; KRW 2,239,863,635,43). The Defendants’ 1,205, 201, G.36.45) were determined as follows.

5) The amount calculated by converting the net H’s guarantee limit into Korean won (based on the sale standard rate of KRW 1146.50) is KRW 1,837,724,850 (US$ 1,602,900), and the said limit is the defendants.