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(영문) 수원지방법원 2015.05.28 2014가합67747

양수금

Text

1. The Defendants shall jointly and severally pay KRW 30 million to the Plaintiff 20% per annum from May 13, 2015 to the date of full payment.

Reasons

On February 22, 2005, Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) changed to “Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) and loaned KRW 3.5 billion to Defendant A at 11% per annum on February 22, 2005 (hereinafter “instant loan claims”), Defendant B, Defendant C, and Defendant D set the limit of collateral guarantee amount at KRW 7.15 billion and jointly and severally guaranteed the above loan obligations against Defendant A’s K Mutual Savings Bank at KRW 7.15 billion.

As of May 31, 2010, Defendant A Co., Ltd. had an obligation to borrow the principal amount of KRW 3,533,713,210, interest of KRW 2,990,392,701 as of KRW 6,524,105,91 as of KRW 3,533,713,210.

On June 7, 2010, the mutual savings bank Echip Co., Ltd. transferred the instant loan claims to Dong name C&P loan, and notified Defendant A of the transfer of the instant loan claims on September 1, 2010, and around that time, the said transfer notification reached Defendant A Co., Ltd.

On June 8, 2012, Dong name P&P lending Co., Ltd. transferred the instant loan claims to the Plaintiff, and notified Defendant A of the transfer of the instant loan claims on June 20, 2012, and around that time, the said transfer notification reached Defendant A Co., Ltd.

Therefore, the Defendants are jointly and severally and severally liable to pay 300 million won, which is part of the Plaintiff’s claim, among the above loan debt, and damages for delay calculated at the rate of 20% per annum from May 13, 2015 to the day of full payment, as requested by the Plaintiff, from May 13, 2015 to the day of the delivery of the application for payment order.

Since all Defendants were notified of the date by public notice pursuant to Articles 194 through 196 of the Civil Procedure Act and did not appear on the date of pleading, it is necessary to specify claims pursuant to Article 208(3)3 of the Civil Procedure Act.