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(영문) 서울중앙지방법원 2019.07.16 2017가단80388
양수금(시효연장) 청구의 소
Text

1. The Defendants shall be jointly and severally, and Defendant C shall be within the scope of the property inherited from the network D (E) and the Plaintiff shall be within the scope of 170,425.

Reasons

1. The grounds for the attachment of the claim, the grounds for the subsequent amendment, and the judgment of the court below as to the Defendants are stated.

2. Based on Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act): Defendant C: Decision based on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

1. Basic facts

A. On January 30, 1997, Non-party F Co., Ltd. (hereinafter “Non-party F”) loaned to Defendant B a loan amounting to KRW 350 million (= KRW 200 million) with the maturity on January 30, 1998 as the basic terms and conditions of bank credit transactions set forth by the above bank (i.e., KRW 150 million).

At the time, Defendant G and D directly visited the above bank and signed and sealed it as a joint and several surety for the collateral guarantee certificate, and jointly and severally guaranteed the obligation of Defendant B to the above bank.

B. According to the above credit transaction basic terms and conditions, the time and method of calculating the rate of interest rate, discount fee, guarantee fee, compensation for delay, etc. resulting from the loan of the non-party bank is determined by the above bank, and if the above bank changes it within the highest or other limitation stipulated by the law, the debtor is required to comply

C. On June 29, 198, the rights-based company against the Defendants was transferred from the non-party bank to Hro on April 22, 1999 to H, I (State) Korea from H, H on April 22, 199, respectively from the above branch on May 16, 2002 to the Plaintiff, and each notice of assignment of the rights was issued.

Defendant B has not yet repaid the following obligations due to the above loan.

① On December 5, 2001, the first loan amounting to KRW 107,858,909, the balance obtained by deducting KRW 92,141,091, which was appropriated as dividends in the case of an auction of real estate rent in this Court N.N. on December 5, 2001, and damages for delay after December 16, 1997 (14.5% per annum from December 16, 1997 to December 31, 1998, and 18% per annum from January 1, 19999) (2) The interest and damages for delay from December 16, 1997 to December 62,56,325,325,3200,000 won.

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