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(영문) 서울서부지방법원 2015.04.23 2014가합31011

양수금

Text

1. The Plaintiff:

A. 1 Defendant A Co., Ltd. is from February 20, 2014 for KRW 40,190,191 and KRW 30,825,880 among them.

Reasons

1. Facts of recognition;

A. On October 31, 2003, Defendant A borrowed KRW 150,000,000 from the Jeonbuk Bank Co., Ltd. on March 31, 2004 at the due date for reimbursement of KRW 21% per annum. Defendant B determined the maximum guarantee limit amount as KRW 195,00,000 and jointly and severally guaranteed Defendant A’s above loan obligations.

The above loan obligations remain in KRW 30,825,880 as of February 19, 2014 and damages for delay from September 10, 201 to February 19, 2014, including KRW 40,190,191.

B. On March 15, 2004, Defendant A Co., Ltd. (hereinafter “Defendant A”) borrowed KRW 120,000,000 from the Jeonbuk Bank Co., Ltd. on June 4, 2004 at the due date for payment of KRW 21% per annum, and Defendant B jointly and severally guaranteed the above loan obligations of Defendant A by setting the maximum guarantee limit amount at KRW 156,00,000.

The above loan obligations remain in total of KRW 120,00,000,000 of the loan principal as of February 19, 2014 and damages for delay from September 10, 201 to February 19, 2014, KRW 156,453,698.

C. On December 31, 2007, Jeonbuk Bank transferred each of the above loans and the joint and several surety claims against Defendant A to MMC Loan Co., Ltd. (Seoul Asset Management Co., Ltd.). On May 26, 2011, the Sejong Asset Management Co., Ltd. transferred each of the above loans to the Plaintiff on October 19, 201, and the Loyal Capital Loan Co., Ltd. and the Loyal Capital Loan Co., Ltd. transferred each of the above loans to the Plaintiff on October 19, 2012.

On October 31, 2012, the above transferor notified Defendant A of the transfer of each of the above assignment of claims to Defendant B, and Defendant B of November 8, 2012.

[Grounds for recognition] The plaintiff and defendant A shall be deemed to have been admitted pursuant to Article 150 of the Civil Procedure Act, and each of the descriptions of Gap evidence 1 through 4 (including numbers), and the purport of the whole pleadings between the plaintiff and defendant Eul

2. According to the above facts of recognition, the Plaintiff who acquired the entire claim against the Defendants prior to the transfer, and Defendant A Co., Ltd., based on a loan agreement concluded on October 31, 2003, and the balance of the loan principal and February 19, 2014.