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(영문) 서울중앙지방법원 2017.07.20 2016가합32648

양수금

Text

1. The Defendant shall jointly and severally with B to the Plaintiff KRW 405,556,746 and the interest rate thereon from May 17, 2013 to the date of full payment.

Reasons

1. Indication of claim;

A. On May 30, 2003, a credit transaction agreement was concluded between the Defendant with the amount of loans of KRW 940,000,000,000,000 per annum of May 30, 2004, interest rate of KRW 14% per annum, and delay compensation rate of KRW 25% per annum, and as to the above credit transaction agreement, B jointly and severally guaranteed the said credit transaction agreement.

However, even after the maturity of the above loans, the Defendant did not repay the remaining principal amount to the Mutual Savings Bank, referring to KRW 405,556,746.

(hereinafter referred to as the “instant claim”) b.

On September 5, 2011, Korea Mutual Savings Bank transferred the instant claim to the Plaintiff through a decision on contract transfer by the Financial Services Commission, and announced the decision on contract transfer pursuant to Article 14-2 of the Act on the Structural Improvement of the Financial Industry in lieu of the notification of the transfer of claim to the Defendant.

C. Therefore, the Defendant is jointly and severally liable with B, a joint and several surety, to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum from May 17, 2013 to the date of full payment, which is the date following May 16, 2013, which is the date of full payment of part of the claim of this case, to the Plaintiff.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;