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(영문) 서울중앙지방법원 2015.10.23 2015가합503655

양수금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,366,223,460 and KRW 340,00,533 among them. < Amended by Presidential Decree No. 26357, Jun. 19, 2015>

Reasons

1. Indication of claim;

A. On June 17, 1998, Nonparty A and Defendant A entered into a credit transaction agreement with amounting to KRW 325 million on credit extension terms, and provided loans to KRW 376 million in total on credit extension terms under the same condition. The credit transaction agreement with KRW 51 million and the same condition was concluded.

Defendant B guaranteed each of the above loans obligations at the time.

B. On December 14, 2010, the Alley District Savings Bank transferred each of the above principal and interest of loan to Nonparty Rodon Asset Management Loan Corporation. On January 12, 2011, Defendant A notified Defendant A of the assignment of the above credit by content-certified mail, and the above notification reached Defendant A around that time.

C. On April 10, 2014, the Plaintiff received each of the above principal and interest of a loan from a road road map asset management loan company. On May 8, 2014, upon delegation from a fund management loan company, the Plaintiff notified the principal debtor A of the assignment of the above credit by content-certified mail. The notification reached Defendant A around that time.

Each of the above principal and interest claims that the Plaintiff acquired is based on September 4, 2014, the remaining principal and interest KRW 340,000,533 in total, and the remaining interest and interest or damages for delay are KRW 1,026,222,927 in total.

E. Therefore, Defendant A and Defendant B, a joint and several surety of each of the above loans, jointly and severally a transferee of each of the above loans (i.e., the remaining principal amount of KRW 1,366,223,460 (i.e., the remaining principal amount of KRW 340,00,000,533) and the remaining principal amount of KRW 1,026,222,927) and the remaining principal amount of KRW 340,00,533 are recorded following the delivery of a copy of the instant complaint and a copy of the application for modification of the purport of the claim on September 19, 2014.