beta
(영문) 서울중앙지방법원 2015.02.06 2014가합27550

양수금

Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) from March 7, 2014, for KRW 1326,475,134 and KRW 171,40,000 among them.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant Company”) obtained loans from Han Bank Co., Ltd. (hereinafter “I Bank”) three times as indicated in the following [Attachment 1], and Defendant B jointly and severally guaranteed each of the Defendant Company’s loans.

[A] Evidence of heading 3 through 7, including each number; hereinafter the same shall apply

[2] However, the first loan of this case was made pursuant to the credit transaction agreement between the Han Bank and the Defendant Company on July 25, 2006 and the amount of KRW 440,000 which was concluded on July 25, 200, and the joint and several guarantee of Defendant B is also about the above credit transaction agreement.

The loans extended by Defendant Company No. 171,400,000 won 572,000,000 won 143,000,000 won on March 21, 2007 of this case’s first loan of this case’s second loan of KRW 110,000,000 on June 2, 2008, the title of the guarantee limit of Defendant B’s loan of this case’s second loan of KRW 351,00,000 on June 2, 2008

B. On December 10, 2009, Hana Bank transferred each of the loan claims (hereinafter “each of the loan claims of this case”) on the Defendant Company, as indicated in [Attachment 1], to a limited liability company specializing in asset-backed securitization, and thereafter, each of the loan claims of this case was transferred on October 4, 2012 to Dong Seo-gu Asset Management Loan Co., Ltd., and on January 27, 2014 to the Plaintiff, respectively, and all of the above assignment claims were notified to the Defendant Company.

(A) Evidence No. 2) (c)

At the time of March 6, 2014, the details of principal and interest of loans of this case as of March 6, 2014 are as shown below [Attachment 2]. The overdue interest rate is 17% per annum.

(A) 171,40,00 won 15,075,134 won 326,475,134 won 2 of the first loan of this case 171,40,000 won 15,075,134 won 326,475,134 won 2 of the second loan of this case 107,068,358 won 97,684,591 won 204,752,949 won 3 of the third loan of this case 40,50,000 won 43,218,281 won 83,718,281 won 318,968,358 won 295,978,06 won 614,946,364 / [Grounds] The purport of the entire pleadings and arguments of this case 3rd loan of this case 40,500 won

2. Accordingly, the Defendant Company is each of the instant cases.