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(영문) 대구지방법원 2015.04.02 2014가합204295

양수금

Text

1. As to the Intervenor succeeding to the Plaintiff:

A. The Defendants are jointly and severally liable to pay KRW 83,287,671.

B. 1 The defendant corporation.

Reasons

1. Indication of claim;

A. Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a loan agreement with Nonparty Daegu Bank (hereinafter “Nonindicted Daegu Bank”) as indicated in the separate sheet, and received loans at each date of loan.

1) On August 2, 2007, the interest rate of KRW 400,00,000 and overdue interest rate of KRW 600,00 have been extended every 12 months after entering into a loan transaction agreement with the market standard interest rate of KRW 12-month change, and the due date of payment on August 2, 2012, and Defendant B jointly guaranteed the above loan obligations to the non-party bank of the Defendant Company with the maximum guarantee amount of KRW 520,00,000. (2) On January 3, 2008, the interest rate of KRW 600,000 and overdue interest rate of KRW 600,000 have been extended every 12 months after entering into a loan transaction agreement with the market standard interest rate of KRW 12-month change, and Defendant B has been jointly and severally guaranteed the above loan obligations to the non-party bank with the guarantee limit of KRW 700,000 and KRW 700 on the same day.

3) On December 19, 2008, the interest rate of KRW 50,400,00 and overdue interest rate of KRW 50,40,00 have been extended every 12 months after entering into a loan transaction agreement with the market-based interest rate of KRW 12,400,00 on May 31, 2009. Defendant B jointly guaranteed the above loan obligations against the non-party bank of the Defendant company by setting the guarantee limit amount of the same day as KRW 65,520,00. 4) On March 16, 2009, the interest rate of KRW 30,000,000 and overdue interest rate of KRW 30,000 have changed every 12 months, the due date of repayment was 30,000,000 won after entering into a loan transaction agreement with the market-based interest rate of KRW 12,300,000,000 and the guarantee limit of the Defendant Company was 300,000.

B. On September 29, 2009, the non-party bank transferred all of the above loan claims against the Defendants to the Plaintiff, and on October 5, 2009.