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(영문) 서울중앙지방법원 2014.12.18 2014가합572661

양수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 324,700,00 and KRW 171,800,000 among them, from May 22, 2014.

Reasons

1. Indication of claim;

A. Defendant A received a loan from the Industrial Bank of Korea from around September 15, 2005. As of May 21, 2014, Defendant A still remains 3,247,042,765 won (i.e., principal interest of KRW 1,717,843,325).

On the other hand, Defendant B guaranteed Defendant A’s above loan obligation.

B. The claim for the above loans against Defendant A of the Industrial Bank of Korea was finally transferred from the Industrial Bank of Korea to the Bank of Korea, a limited liability company specializing in asset-backed securitization, a combined asset management company, a U&A loan limited liability company, an X-AB loan, and the Bank of Future Savings Co., Ltd. on October 10, 2013, and each of the above assignment of claims was notified to Defendant A around the date of each assignment of claims.

On the other hand, the future savings bank, a corporation, was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap54, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy on the same day.

C. Therefore, the Defendants are jointly and severally liable to repay the principal and interest of the above obligation to the Plaintiff. As to the Plaintiff’s partial claim amounting to KRW 324,700,000 and the principal amounting to KRW 171,80,000 among them, the Plaintiff is entitled to seek payment of damages for delay at the rate of 20% per annum from May 22, 2014 to the date of full payment.

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