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(영문) 서울중앙지방법원 2015.01.27 2014가합574063

양수금

Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 200,000,000 and Defendant A Co., Ltd. from November 29, 2014.

Reasons

1. Indication of claim;

A. On August 1, 2006, Homato2 Savings Bank Co., Ltd. (mutual name before the change: Pakistan Mutual Savings Bank; hereinafter “tomato2 Savings Bank”) concluded a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) with a loan of general funds, credit limit of KRW 1 billion, account number, credit limit of KRW 1 billion, account number, credit period from August 1, 2006 to August 1, 2007 (by the end of August 1, 2009), interest rate of 14% per annum, interest rate of 26% per annum, delay interest rate of 26% per annum, ② credit transaction agreement with each of the above credit transaction agreements with Defendant A Co., Ltd. (hereinafter “Defendant A”). < Amended by Presidential Decree No. 20348, Aug. 8, 2008; Presidential Decree No. 20650, Aug. 24, 2008; Presidential Decree No. 20094, Aug. 2, 2008>

In addition, Defendant B guaranteed each of the obligations owed by Defendant A to the Komato2 Savings Bank in accordance with the above credit transaction agreement.

B. Thereafter, on June 28, 201, Homato 2 Savings Bank transferred all rights under each of the above credit transaction agreements to the Plaintiff, and the Plaintiff was delegated with authority from Homato 2 Savings Bank and notified the Defendants of the assignment of the above obligations, and thereafter, reached the Defendants around that time.

C. As of May 30, 2014, Defendant A’s obligation owed to the Plaintiff pursuant to each of the above credit transaction agreements is KRW 4,389,86,89,895,895, in total, KRW 2,662,539,535, interest1,727,347,360.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the principal amount of KRW 200 million and damages for delay.

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