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(영문) 춘천지방법원 2016.01.20 2014가합1256

양수금

Text

1. As to KRW 728,437,728 and KRW 345,00,000 among the Plaintiff, Defendant A Co., Ltd. shall start from November 10, 2014.

Reasons

1. Basic facts

A. On March 11, 2004, the Do Private Savings Bank Co., Ltd. (hereinafter “Do Private Savings Bank”) granted a loan of KRW 410,000,000 (hereinafter “instant loan”) to Defendant A Co., Ltd. (hereinafter “Defendant Company”) on the expiration date on March 11, 2005, setting the overdue interest rate as 19% per annum, respectively.

B. At the time of the instant loan, Defendant B provided joint and several sureties with respect to the instant loan obligations, and entered into a special agreement with the following contents (hereinafter “instant special agreement”).

- Article 12 (Matters of Special Agreement on Joint Guarantee) (6) When the date for repayment of obligations under this Agreement has been extended with the consent of the guarantor, the debtor will continue to comply with the arrangements under Article 1 of the Credit Transaction Agreement.

C. Since then, the Do Private Savings Bank extended the due date to March 11, 2009. Accordingly, the amount of the principal and interest of the loan claims accrued until November 9, 2014 is KRW 345,00,000, and the amount of the principal and interest of the loan claims accrued from December 5, 2008 to November 9, 2014, plus KRW 383,437,728, including outstanding interest and overdue interest in accordance with the agreed ratio from December 5, 2008 to November 9, 2014.

On August 26, 2011, the Financial Supervisory Commission decided to transfer a contract to the Do Public Savings Bank to the Plaintiff and revoke its business license, and the Plaintiff announced the contract through two daily newspapers on August 29, 2011.

E. Accordingly, on December 28, 201, Do Private Savings Bank entered into an agreement on the settlement of the transfer of the instant loan claims to the Plaintiff, etc. In accordance with Article 14-2 of the Act on the Structural Improvement of the Financial Industry, the Plaintiff, based on the public notice of the foregoing newspaper, became capable of setting up against the Defendants regarding the transfer of the instant loan claims.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 through 5 (including the relevant branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts acknowledged prior to the determination of the claim against the Defendant Company, the Defendant Company runs counter to this.