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(영문) 서울중앙지방법원 2017.08.17 2017가합23535

양수금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 627,423,487 and KRW 276,50,184 from January 20, 2017.

Reasons

1. Indication of claim;

A. On October 12, 2010, Do Private Savings Bank Co., Ltd. concluded a credit transaction agreement with Defendant A on October 12, 201, setting the credit amount of KRW 4.5 million, annual interest rate of KRW 9.5%, annual interest rate of KRW 9.5%, and delay compensation rate of at least six months after the expiration of the credit period at 20% per annum, and Defendant B guaranteed Defendant A’s debt under the said agreement.

B. Defendant A did not pay the principal and interest of a loan by the expiration date of the credit period under the above agreement, and as a result, Defendant A remains without paying the principal and interest of a loan of KRW 276,50,184 as of January 19, 2017 and KRW 350,923,303 as of January 19, 2017.

C. On the other hand, Do Private Savings Bank Co., Ltd.

On June 26, 2015, the Savings Bank concluded an asset transfer agreement with the Plaintiff on June 26, 2015, and instead, the Savings Bank transferred its claims against Defendant A pursuant to the said agreement to the Plaintiff, and notified Defendant A of the said transfer.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 627,423,487 won in total and damages for delay, and 276,50,184 won in total and 276,50,184 won in arrears interest rate from January 20, 2017 to the date of full payment.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;