양수금(시효연장) 청구의 소
1. The defendant is jointly and severally with C and D about KRW 170,425,234 and KRW 107,858,90 among them, from December 16, 1997.
1. The grounds for requesting the indication of the claim and the part of the judgment on the defendant are as shown in the attached Form;
(However, as regards C and D, the judgment was rendered on July 16, 2019). 2. The judgment by service by publication based on the grounds (Article 208(3)3 of the Civil Procedure Act)
1. Basic facts
A. On January 30, 1997, Non-Party E Co., Ltd. (hereinafter “Non-Party E”) extended a loan to Defendant C with the basic terms and conditions of bank credit transactions set forth by the said bank on January 30, 1998 (i.e., KRW 350 million (= KRW 150 million) with the maturity of payment as of January 30, 1998.
At the time, Defendant B and F directly visited the above bank and signed and sealed it as a joint and several surety for the collateral guarantee certificate, and jointly and severally guaranteed the obligation of Defendant C to the above bank.
B. According to the above credit transaction basic terms and conditions, the time and method of calculating the rate of interest rate, discount fee, guarantee fee, compensation for delay, etc. resulting from the loan of the non-party bank is determined by the above bank, and if the above bank changes it within the highest or other limitation stipulated by the law, the debtor is required to comply
C. On June 29, 1998, G from the non-party bank to G, from G to H (H) Korea on April 22, 1999, and from the above branch on May 16, 2002 to the plaintiff, each of the above assignment notification was made.
Defendant C has yet to pay the following obligations due to the above loan.
① On December 5, 2001, the first loan amounting to KRW 107,858,909, the balance obtained by deducting KRW 92,141,091, which was appropriated as a dividend in the auction of real estate by the JJ in this Court of Justice on December 5, 2001, and damages for delay after December 16, 1997 (14.5% per annum from December 16, 1997 to December 31, 1998, and 18% per annum from January 1, 19999). (2) The interest and delay damages from KRW 92,141,09, which was appropriated as a dividend and appropriated as a repayment, from December 16, 1997 to December 62,56,325,325,3200 million, and thereafter, the interest and delay damages from KRW 15,500,00,00 after December 199.