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(영문) 서울남부지방법원 2015.06.10 2014가단235367
양수금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 50,000,000, and Defendant A with respect thereto from December 10, 2014, and Defendant B.

Reasons

1. Facts of recognition;

A. On September 4, 1990, the members of the Korean Exchange Bank (hereinafter “Korea Exchange Bank”) concluded a joint and several surety loan agreement within the limit of KRW 290,000,000 from Korea Exchange Bank (hereinafter “Korea Exchange Bank”), and on June 10, 191, each company discount loan agreement within the limit of KRW 290,000,000 (hereinafter “instant agreement”). On June 10, 1991, the said revolving limit was additionally used in KRW 21,00,000,000,000, and Defendant A entered into a joint and several surety agreement within the limit of KRW 50,000,000,000.

B. Members’ precision did not repay the total amount of KRW 236,016,690 among the above loans up to the present, and interest at the rate of 17% per annum, which is the agreed rate as of September 22, 2014, is KRW 832,576,355, and the total amount of principal and interest is KRW 1,068,593,045.

C. On July 14, 2005, the Korea Exchange Bank transferred the above claim regarding the precision of the members to a limited-liability company specializing in the Green Resource Securitization, in succession thereafter, and transferred the claim to the Plaintiff on December 31, 2013.

[Ground of recognition] The items of Gap evidence Nos. 1, 2, 7, and 8 and the purport of the whole pleadings [the defendant A has a defense to the effect that Gap evidence No. 2 was forged, but there is no ground to acknowledge it]

2. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally pay to the Plaintiff the amount of KRW 50,000,000,00, and the amount of damages for delay calculated at the rate of KRW 17% per annum from December 10, 2014 to the date of delivery of a copy of the complaint of this case, and from January 14, 2015 to the date of full payment, Defendant B shall pay to the Plaintiff the amount of damages for delay calculated at the rate of KRW 17% per annum from January 14, 2015 to the date of full payment. Defendant A bears the obligation to pay within

3. According to the conclusion, the plaintiff's claim is accepted as reasonable.

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