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(영문) 부산지방법원 2016.04.07 2014가합47491
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 376,048,075 won and 360,688,396 won among them.

Reasons

1. Grounds for claim;

A. Han-il Bank Co., Ltd. and Han-il Bank Co., Ltd., Ltd., Ltd., Ltd., Ltd., (hereinafter “Korea-Japan Bank”) concluded a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) and carried out the loan as follows, and Defendant B jointly and severally guaranteed the loan.

The details of the assignment of claims by subrogation in Korean won currency with the payment guarantee payment of KRW 360,68,396, the principal of the loan of KRW 15,359,679,679, the principal of the loan of KRW 360,68,396, the amount of KRW 15,359,679, the amount of the loan of KRW 15,359,679 - The joint and several surety C and B

B. According to the terms and conditions of credit transaction between the non-party bank and the defendant company at the time of the above agreement, where part of the principal and interest of loan is not paid within the due date or interest is overdue or a disposition of suspension of transaction by a clearing house is imposed, the defendant shall lose the due date. In case of loss of the due date, the defendant shall pay the balance of the loan and the damages for delay at the interest rate prescribed by the non-party bank from the date of loss of the due date to the date of full payment. (2) Since the defendant company has lost the due date due to delay in repayment of the principal and interest of the loan, the balance of the loan and the damages for delay at the interest rate set by the non-party

C. The Plaintiff acquired all of the claims against the Defendants of the non-party bank pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Assets Management Corporation, and the non-party bank notified the Defendants of the above assignment of claims.

The Plaintiff, who received the claim from the non-party bank, against the Defendants, was bound to pay the outstanding principal and interest payment to the Defendants.

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