양수금
1. The Defendants are jointly and severally liable to the Plaintiff.
(a)payment of KRW 378,198,836;
(b)won 315,406,872 and 108,790 among them;
1. Indication of claim;
A. The Suwon Mutual Savings and Finance Company (hereinafter “Non-Party Mutual Savings and Finance Company”) concluded a monetary loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) on December 31, 1996, the loan amount of KRW 390,00,000 on the loan date, and the repayment date of KRW 16.5% per annum on December 31, 1998, interest rate of KRW 16.5% per annum on the repayment date, 20% per annum on December 5, 196, the loan amount of KRW 130,000,000 on the loan date, and the repayment date of KRW 130,000 on June 5, 1998, interest rate of KRW 16.5% per annum, and damages rate of KRW 20% per annum on the repayment date (hereinafter “second loan”). On the same day, Defendant C, D and E agreed on the joint and several surety performance.
B. After that, the non-party credit cooperative went bankrupt, and the bankruptcy trustee of the Suwon District Mutual Saving and Finance Company of the bankrupt on May 25, 2005 transferred each of the above principal and interest claims to the plaintiff, and the same year.
3. 9. The assignment of claims was notified to the Defendants respectively.
C. The plaintiff filed a lawsuit against the defendants against Suwon District Court 2005Gahap4690, and on December 30, 2005, "the plaintiff" as of December 30, 2005:
A. The Defendants are jointly and severally 378,235,885 won;
B. Defendant A Co., Ltd, C, D, and E are jointly and severally 315,406,872 won and 108,790,910 won out of the above amount, which shall be paid in proportion to 20% per annum from February 26, 2005 to the full payment, and the above judgment became final and conclusive around that time.
The Plaintiff, upon the lapse of the extinctive prescription period of a claim based on the above Suwon District Court Decision 2005Gahap4690, led to the instant claim for the interruption of extinctive prescription.
The amount to be paid by the Defendants to the Plaintiff is KRW 315,406,872, including the amount of loans 1 as of May 25, 2005, KRW 378,198,836, and the amount of loans 108,790,910, and the amount of loans 206,615,962, as of May 25, 2005.
2. Applicable provisions;
A. Articles 208(3)2 and 150(3) of the Civil Procedure Act of Defendant A, a corporation, are deemed as confessions.