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(영문) 광주지방법원 2017.09.21 2017가합52356

양수금

Text

1. The Plaintiff:

A. Defendant A shall have full payment of KRW 3,957,709,929 and KRW 500,000 among them, from March 14, 2017.

Reasons

1. Facts of recognition;

A. The Defendants concluded a loan contract and a joint and several guarantee contract with our bank (hereinafter “Korea bank”) with the following content:

The agreed interest rate of delay in arrears for not less than three months shall be 1,80,000 per annum 1,80,000,0000 per annum 1,80,000,0000 of the credit transaction agreement of the joint and several guarantors on the date of repayment of the contract, and 19,000 on July 23, 2002. A 50,000,000 on Nov. 5, 2002

B. On December 27, 2004, our bank transferred the Defendants’ loan claims and joint and several surety claims (hereinafter “instant claims”) to the Plaintiff. On January 17, 2005, our bank notified the Defendants of the assignment of claims.

The Plaintiff

A. Defendant A shall pay 1,943,779,517 won and 1,084,40,441 won and 19% interest per annum from March 14, 2007 to the date of full payment;

B. Defendant B shall pay 48,579,442 won and 19% interest rate per annum from September 6, 2004 to the date of full payment, within the limit of 60,000,000 won, of the amount stated in the above paragraph (a) jointly with Defendant A.

C. (1) The Plaintiff filed a lawsuit claiming acquisition amount against the Defendants by the Gwangju District Court 2007Gahap2772, and was sentenced to the Plaintiff’s winning judgment on June 28, 2007 (hereinafter “prior judgment”). The prior judgment was finalized on July 21, 2007 for Defendant A, and on July 28, 2007 for Defendant B, respectively.

(2) The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of the claim for the amount receivable, which became final and conclusive by the preceding judgment.

As of March 14, 2017, the balance of the instant claim is as follows:

The content of the credit transferred by a financial institution (standard date: March 14, 2017) shall be determined on December 27, 2004 on January 17, 2005, 1,022,814,8072,790,598,8783,813,413,685 1939,684,449,104,611,79,79514,296,24419, 2419, 196, 1,062,419, 1,062,49,2562,89, 2895, 210,637,957,709.