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(영문) 서울중앙지방법원 2015.04.24 2014가합561920

양수금

Text

1. The Defendant is jointly and severally and severally with the Plaintiff, 200,000,000 won, as well as the Plaintiff on July 30, 2014.

Reasons

1. The maximum amount of credit limit on the agreed date date (won) and the maximum amount of damages for delay on February 13, 2004 16% on February 13, 2005 1,200,200,000 on February 13, 2005 26% on March 30, 2004 1,200,000,000,000 on March 30, 200 on March 30, 2004; 26% on March 16, 200 830,000,000,000

A. The non-party Komato Mutual Savings Bank Co., Ltd. (hereinafter “the instant savings bank”) concluded a credit transaction agreement (hereinafter collectively referred to as “the instant credit transaction agreement”) with the non-party Han Manbics Co., Ltd. (hereinafter “Baiobs”), as indicated in the following table. The defendant and the non-party B jointly and severally guaranteed the obligations of Biobs within the scope set forth in the following table:

B. On June 28, 2011, the Plaintiff entered into a contract for the sales of the instant loan with the instant savings bank, and was transferred all rights of the savings bank, including the said savings bank’s claims under the instant credit transaction agreement (hereinafter “claim for the instant loan”). On June 17, 2014, upon being delegated with the authority to notify the assignment of claims by the said savings bank, the Plaintiff notified the Defendant, the biobinus and B of the purport of the instant loan claim by content-certified mail, and thereafter, the said notification reached the Defendant, the biobinus and B, respectively.

C. As of May 30, 2014, the amount of the principal and interest accrued on the instant loan bonds as of May 30, 2014 is indicated below.

On February 13, 2004 746,55,526,55,204, the sum of principal and interest of the principal on the date of the agreement (wons) 13, 2004 746,550,843 887,701,807 1,634,632,650,650 370,232,876 370,232,876 on March 30, 204; 746,50,8431,257,934,934,6832,6832,485,526 / [Grounds for recognition] The entry in each of subparagraphs 1 through 8 (including a Serial number), the purport of the entire pleadings, and the purport of the whole pleadings.

2. According to the above facts of recognition as to the cause of the claim, the defendant shall be jointly and severally with B, who is the principal debtor, Biobigus and joint and several sureties, unless there are special circumstances.