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(영문) 서울중앙지방법원 2017.02.09 2016나57108
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On March 12, 2003, our Bank Co., Ltd. (hereinafter “Korea Bank”) entered into a credit transaction agreement with Defendant A Limited Partnership (hereinafter “Defendant A”) to grant a loan of KRW 100 million as KRW 19% per annum, 19% per annum, and the repayment date on March 12, 2004 (hereinafter “the instant credit transaction agreement”). Accordingly, the loan of KRW 100 million per day (hereinafter “the instant loan”).

B. On March 12, 2003, Defendant B entered into a guarantee agreement with us to guarantee the present and future obligations with us bank in accordance with various credit transaction agreements, within the limit of KRW 120 million.

C. On March 12, 2004, the Korean bank and the Defendants agreed to extend the repayment date by March 11, 2005, and agreed to extend the repayment date again on March 11, 2005 by March 10, 2006. The Defendant A delayed payment of interest and lost the benefit of January 24, 2006.

On December 24, 2010, our bank filed a lawsuit against the Defendants for the performance of four loan obligations, including the instant loan obligations (hereinafter “the lawsuit”), and was sentenced to a judgment in favor of the Defendants on April 20, 201. The judgment became final and conclusive on May 201, 201. The instant loan claims cited in the judgment in the previous lawsuit were “the principal and interest of 194,186,027 won, and damages for delay at a rate of 19% per annum from December 15, 2010 to March 17, 2011, and at a rate of 20% per annum from the next day to the date of full payment.”

E. On November 25, 2011, our bank transferred the instant loan claims to the Plaintiff, and notified Defendant A of the assignment of claims around January 27, 2012.

F. As of June 1, 2012, the instant loan claim remains at KRW 128,284,657 (principal KRW 100,284,657).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 8, respectively.

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