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(영문) 서울중앙지방법원 2014.12.19 2013가합519151

양수금

Text

1. The defendant shall pay to the plaintiff KRW 265,89,868 and KRW 214,984,00 among them, from September 16, 1998 to October 6, 1998.

Reasons

1. Indication of claim;

A. On January 10, 1997, the Choung-Hy Bank Co., Ltd. (hereinafter “ Choung-Hy Bank”) entered into a credit transaction agreement with the Hanyang Co., Ltd. Co., Ltd. (hereinafter “Korea Yangyang”) on a loaned bill loan, and the loan limit of KRW 460,000,000. The agreement includes the content that the overdue interest rate of the Cho Han-Hy Bank is changed.

B. At the time, the Defendant jointly and severally guaranteed the payment obligation of the discount loan on the Hanyang Phonograms within the limit of KRW 600,000,000 to Cho Ho Bank.

C. The principal and interest of Hanyang Phonograms’s loans, among the discount loans that were received from the Choyang Bank in accordance with the above credit transaction agreement, which were not paid to the Choung Bank, is the principal and interest amounting to KRW 214,984,00 as of September 15, 1998 and KRW 50,915,868.

The interest rate on arrears determined by the Dai Han Bank is 25% per annum from September 16, 1998 to October 6, 1998, 21% per annum from October 7, 1998 to January 28, 1999, and 19% per annum from January 29, 1999.

E. On September 29, 1998, Cho Ho Bank transferred the principal and interest of the above loan to the Plaintiff, and notified the Defendant of the assignment of the above claim on the same day.

F. Therefore, the Defendant is obligated to pay to the Plaintiff, as the assignee, 265,89,868 won the total amount of principal and interest of the remaining loan and 214,984,00 won the remaining principal of the loan from September 16, 1998 to October 6, 1998, 25% per annum from October 7, 1998 to January 28, 1999, 21% per annum from January 28, 1998, and 19% per annum from January 29 to the date of full payment.

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).