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(영문) 제주지방법원 2016.12.01 2016가합970

양수금

Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for KRW 1,636,351,748 and KRW 1,529,816,296 among them. < Amended by Presidential Decree No. 21834, Nov. 6, 2009>

Reasons

1. Indication of claim;

A. The highest mutual savings bank set the amount of KRW 1.8 billion on July 4, 2008 to Defendant A as 22% per annum on January 4, 2009, interest rate of KRW 10% per annum, and delay damages rate of KRW 22% per annum. ② The repayment period of KRW 1 billion on September 18, 2008 is set as 10% per annum of March 18, 2009, interest rate of KRW 10% per annum, and delay damages rate of KRW 22.5% per annum. ③ June 9, 2009, the repayment period of KRW 150 million was set as 10,000 on June 9, 2010, interest rate of KRW 10% per annum, and delay damages rate of KRW 22.5% per annum.

B. As to Defendant B-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

C. On November 18, 2009, the Plaintiff acquired all of the loan claims against Defendant A from the Lest Mutual Savings Bank, and the Lest Mutual Savings Bank notified the Defendant of the assignment of claims on January 19, 2010, the Defendants jointly and severally liable to the Plaintiff for delay from the day following the payment of the principal amount borrowed as of July 4, 2008 and the payment of the late payment delay damages for the principal amount of KRW 1,529,816,296 to the day of full payment; ② the balance of the loan principal and interest as of September 18, 2008 and the late payment damages for the principal amount of KRW 578,783,360 to the day of full payment; and Defendant A is liable to pay the balance of the principal and interest on June 9, 2009 to the day of full payment; and ③ Defendant A is liable to pay the late payment delay damages for delay within the limit of the maximum amount of each guarantee; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);