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(영문) 서울중앙지방법원 2014.12.10 2014가합46940

양수금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,081,652,316 and KRW 585,48,113 from April 7, 2010 to April 7, 2014.

Reasons

1. Indication of claim;

A. The preceding day of the mutual savings bank was ① 3.3 billion won on March 16, 2006 (11% per annum on March 16, 2007; 19% per annum on March 16, 2007); ② KRW 50 million on September 26, 2006 (11% per annum on September 26, 2007; 19% per annum on September 26, 2007); ③ KRW 200 million on October 2, 2006 (12% per annum on April 2, 2007; 19% per annum on April 2, 2007); and ④ KRW 200 million per annum on January 8, 2007 (19%).

Defendant B jointly and severally guaranteed the above loan obligations.

B. On April 7, 2010, the Plaintiff received each of the above loans from the said Savings Bank, and notified the Defendants of the assignment of claims on June 14, 2010.

C. The Plaintiff filed a claim against the Defendants for the payment of delay damages from the date following the application for the instant payment order as to ① (i) interest in arrears of KRW 585,48,113 of the principal amount of the loan and KRW 316,548,362 of the loan up to April 6, 2010; (ii) interest in arrears of KRW 179,615,841 of the loan up to April 6, 2010; and (iii) principal amount of KRW 585,48,113 of the loan bond after April 7, 2010; and (iv) interest in arrears of KRW 179,615,841 of the loan bond as to KRW 585,48,113 of the principal amount of the loan bond.

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