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(영문) 춘천지방법원원주지원 2016.11.17 2015가합6322
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 990,872,382 and KRW 226,724,873 among them.

Reasons

Facts of recognition

In conclusion of a loan contract with Sejong Mutual Savings Bank, C’s joint guarantee agreement, and the loan amount of the loan amount of KRW 950,000,000 on April 3, 2006, general loan amount of KRW 150,000 on September 27, 2006, general loan amount of KRW 478,000,000 on October 16, 2009, general loan amount of KRW 30,000 on general deposit account loan amount of KRW 378,00,000 on September 16, 209, C entered into each credit transaction agreement (hereinafter collectively referred to as “the credit transaction agreement of this case”) with Sejong Mutual Savings Bank Co., Ltd. (hereinafter referred to as “ Sejong Bank”), and received money from Sejong Bank on the same day.

The credit term of the credit transaction agreement of this case is until October 16, 2010, respectively. The agreement between the expiration date of the credit term is 11% per annum, and the subsequent agreed interest rate is 25% per annum.

Between September 2006 and September 2009, Defendant A entered into a comprehensive guarantee agreement with Sejong Bank within the limit of 2,327,200,000 won on total guarantee (i.e., the guarantee limit of 195,000,000 won around September 2006 (i.e., the guarantee limit of 1,463,000,000 won around September 2009); Defendant B entered into a comprehensive guarantee agreement of 2,09,200,000 won on total guarantee limit of 195,00,000,000 won around September 2006 (i.e., the guarantee limit of 1,235,000,000 won); and Defendant B’s total guarantee limit of 195,200,0000 won on credit guarantee of 3 years of age limit of 209.

On May 19, 201, the Sejong Bank and the Plaintiff: (a) transferred all of the claims under the instant credit transaction agreements with C and the Defendants pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation; and (b) notified C and the Defendants of the above assignment of claims on the same day.

The sum of principal and interest of bonds 10 won 357,250,920 won 357,250,920 won 20 won 35,063,738 won 326,724,873 won 371,832,851 won 598,5724 won 226,724,873 won 764,147,509 won 990,872,382 won 23 October 23, 2015.

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