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(영문) 인천지방법원 2015.02.06 2014가합54454

양수금

Text

1. As to the Intervenor succeeding to the Plaintiff:

A. Defendant A Co., Ltd. shall be KRW 2,706,480,663 and KRW 1,247,261,483 among them.

Reasons

1. Indication of claim;

A. On August 30, 2005, Defendant A Co., Ltd. concluded a credit transaction agreement with a mutual savings bank with a credit limit of KRW 1,870,00,000. Defendant B, C, and D jointly and severally guaranteed the Defendant A’s obligation to lend a loan amount of KRW 2,431,00,000 with the extended guarantee amount of KRW 2,431,00,000. The overdue interest rate stipulated in the above agreement is 21% per annum.

B. Money collected from a mutual savings bank on June 29, 2010, the Plaintiff (Withdrawal) Korea Asset Management Corporation and the Defendant A.

Around that time, the claims for the loans stated in the port were transferred, and notified the Defendants of the assignment of claims.

C. As of May 20, 2014, the principal amount of the Defendant Company’s loan obligation is KRW 1,247,261,483, and overdue interest is KRW 1,459,219,180.

On October 24, 2014, the Plaintiff (Withdrawal) Korea Asset Management Corporation affiliated with Defendant A Co., Ltd. on October 24, 2014.

Around that time, the claims for the loans stated in the port were transferred, and notified the Defendants of the assignment of claims.

2. Judgment made by service by public notice and deemed confession;

(a) As to Defendant B by public notice: Article 208(3)3 of the Civil Procedure Act

(b) Judgment of the defendant corporation A, C, and D based on the conclusion of confession: Articles 208(3)2 and 150(3) of the Civil Procedure Act