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(영문) 서울중앙지방법원 2016.07.21 2015가합579195

양수금

Text

1. The Plaintiff:

A. As to KRW 1,437,623,975 and its total amount of KRW 291,015,689, Defendant A Co., Ltd., from December 11, 2015.

Reasons

1. Indication of claim;

A. The Seoul Trust Bank (hereinafter “I Bank”) established the basic terms and conditions for banking transactions with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and agreed to apply the basic terms and conditions for banking transactions with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and the damages for delay pursuant to the rate of delay damages determined by the Bank (19% per annum from August 1, 1999 to 2006), and borrowed each of the loans as indicated in the loan transaction statement, and at the time, Defendant B and C jointly guaranteed the principal and interest obligation of Defendant A Co., Ltd. with Defendant A Co., Ltd. (hereinafter “Defendant Company”).

< by Presidential Decree No. 1683, Apr. 11, 1994> < by Presidential Decree No. 16834, Feb. 25, 1994; Presidential Decree No. 1751, Jan. 1, 1994; Presidential Decree No. 17517, Apr. 11, 1994; Presidential Decree No. 17458, Feb. 24, 1900; Presidential Decree No. 17587, Nov. 15, 1994; Presidential Decree No. 17587, Feb. 25, 1995; Presidential Decree No. 17447, Apr. 17, 1995; Presidential Decree No. 175081, Apr. 17, 1995; Presidential Decree No. 175081, Oct. 16, 1905; Presidential Decree No. 175304, Oct. 30, 194, 19005>

B. On the other hand, on September 17, 1999, the Han Bank transferred to the Plaintiff the loans against the Defendants pursuant to Article 4 of the former Act on the Establishment of Non-Performing Assets Management Corporation of Non-Performing Assets, etc. (amended on December 31, 1999, and the Non-Performing Assets Management Corporation of Non-Performing Assets, etc.

September 29, 199, each notification of transfer.

After that, the Defendant Company lost its interest due to delay in paying the principal and interest of the loan. Accordingly, the Plaintiff filed a lawsuit against the Defendants as Seoul Central District Court 2005Kahap101876 and filed a lawsuit for the payment of the principal and interest of the loan and interest of the loan and interest of the Plaintiff on March 24, 2006, the Defendant Company shall pay 19% per annum from October 14, 2005 to February 25, 2006 and 20% per annum from the following day to the date of full payment.