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(영문) 창원지방법원 2015.05.27 2014가합34751

양수금

Text

1. As to the Intervenor succeeding to the Plaintiff:

A. As to KRW 373,394,137 and KRW 115,027,718 among them, Defendant A Co., Ltd.

Reasons

1. Determination as to the claim of the Plaintiff’s succeeding intervenor

A. 1) The Defendant A Co., Ltd. (hereinafter “Defendant Company”) that entered into a loan agreement and a collateral guarantee agreement

[1] The Busan Bank, Inc. (hereinafter “ Busan Bank”)

(2) On May 4, 2008, on May 30, 2008, Defendant B concluded a credit transaction agreement and a credit card use agreement with the following terms and conditions to follow the rate of delay damages applying the basic credit transaction terms and conditions. Defendant B jointly and severally guaranteed the above debt of Defendant B as shown below [Attachment 1]. On May 6, 2008, Defendant B sent a credit card loan of KRW 750 million to Defendant B (90 million limit) and other facility loan of KRW 90 million to Defendant B (18 million limit) on May 30, 2008, pursuant to the credit transaction agreement or other facility loan of KRW 50 million to Defendant B (60 million limit) (60 million to Defendant B (60 million) on May 4, 2008, Defendant B sent the notice of credit card transfer to the Plaintiff on May 30, 2008 to Defendant B (2000,000,000 won) and Defendant B (600,000 won limit).

(2) As of September 17, 2014, the principal and interest of loans to the plaintiff of a defendant company shall be as follows:

③ Around November 2014, the Plaintiff transferred each of the above claims to the Intervenor succeeding to the Plaintiff. On December 4, 2014, the Plaintiff sent the notice of assignment to the Defendants by content-certified mail.

[Attachment 2] The details of the remaining principal and the total overdue interest on the base date of the classification for internal use shall be 145,859,792 145,79,859,79219,79219% of the 20145,000,000 on September 17, 2014, 65,027,718,131,254 127,158,972 19% of the last interest calculated on September 17, 2014, 50,000,004.