beta
(영문) 서울중앙지방법원 2014.12.18 2013가단5197276

양수금

Text

1. The Plaintiff:

A. Defendant A’s KRW 5,092,535 and for this, KRW 18% per annum from December 20, 1997 to December 21, 1997, and KRW 197. < Amended by Act No. 5495, Dec. 21, 1997; Act No. 54

Reasons

1. The Korean Bank Co., Ltd. (Korea Bank prior to the merger) loaned KRW 10 million to the defendant A on July 27, 1995 and KRW 30 million on January 16, 1997. The defendant B jointly and severally guaranteed the above KRW 30 million loan.

The limited liability company specialized in Korean financial third-tier securitization acquired the above claims against the Defendants of our banks, and the promotion mutual savings bank company acquired the above claims against the Defendants from the limited liability company specialized in Korean financial third-tier securitization.

The limited liability company specialized in the financial third-backed securitization filed a lawsuit against the Defendants (Seoul District Court 2002Kadan36393) against the Defendants (Seoul District Court 2002Gadan36393), and the promotion mutual savings bank corporation succeeded to the Plaintiff in the lawsuit above.

In the above lawsuit, the Seoul District Court decided on June 11, 2003 to the Mutual Savings Bank; 5,092,535 won, and 18% per annum from December 20, 1997 to December 21, 1997; 21.5% per annum from December 22, 1997 to March 1, 1998; 26% per annum from March 2, 198 to October 18, 1998; 21% per annum from October 1998 to October 24, 199; 20% per annum from January 24, 199 to January 25, 199; and 30% per annum from January 29 to December 31, 199; and 30% per annum from March 29 to March 31, 209; and 30% of the Defendants were jointly and severally determined.

The Plaintiff acquired the claim against the Defendants, which became final and conclusive by the above judgment, from the promotion mutual savings bank, and notified the transfer of the claim upon delegation of the authority to notify.

2. Grounds;

(a) Defendant A: Judgment by public notice (Article 208 (3) 3 and Article 194 of the Civil Procedure Act);

(b) Defendant B: Judgment based on the recommendation of confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act);