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(영문) 부산지방법원 동부지원 2018.04.26 2016가합103438

양수금

Text

1. The Plaintiff:

A. As to KRW 995,219,052 and KRW 324,816,825 among them, Defendant A Co., Ltd., from October 29, 2015.

Reasons

1. Indication of claim;

A. The Industrial Bank of Korea concluded a monetary loan agreement with Defendant A, and carried out the loan as shown in the attached Table “(the schedule of the loan in this case)” (the interest is calculated as of October 29, 2015; hereinafter “the loan in this case”); the network E, and Defendant B jointly and severally guaranteed the loan in this case as stated in the “joint guarantor” column of the above table.

B. However, Defendant A lost the benefit of time by delinquency in paying the principal and interest of the loan of this case.

C. On the other hand, on June 20, 201, the Korea Industrial Bank of Korea, a subsidiary company of the Industrial Bank of Korea, transferred the instant loan claim to Hyundai Switzerland Savings Bank (hereinafter “SBA Savings Bank”) on June 20, 201, and notified Defendant A of the fact of transferring the instant loan claim on July 12, 201.

In addition, on October 29, 2015, SBA Savings Bank Co., Ltd. again transferred the instant loan claim to the Plaintiff, and on April 14, 2016, notified the Defendant Co., Ltd. of the assignment of the said claim.

However, on September 22, 2010, the network E, which jointly and severally guaranteed the instant loan obligation, succeeded to the Defendant B, Defendant C, and D, the spouse, the Defendant C, and D’s spouse, and Defendant B, C, and D filed a report on the inheritance recognition with the Cheongju District Court No. 2010-Ma224 on December 16, 2010, and the report was accepted on the 22th of the same month.

E. Therefore, Defendant A Co., Ltd., as of October 29, 2015, calculated at the rate of 15% per annum from October 29, 2015 to the date of full payment with respect to KRW 995,219,05,052, total amount of principal and interest of bonds as of October 29, 2015, and KRW 324,816,825, total amount of principal of bonds among them, and damages for delay calculated at the rate of 15% per annum from October 29, 2015 to the date of full payment, and Defendant B, together with Defendant A Co., Ltd, within the scope of property inherited from Dong E, such as the attached Form “The Debt List”, jointly and severally with Defendant A, within the scope of property inherited from Dong E.