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(영문) 서울중앙지방법원 2016.04.07 2015가합565776
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 347,174,107 and KRW 289,93,59 among them. From February 27, 2016.

Reasons

1. Indication of claim;

A. D&M Co., Ltd. (hereinafter “N&M”) received loans from us bank (hereinafter “Korea bank”) in the amount of KRW 98 million on March 12, 2009, KRW 57 million on June 17, 2009, KRW 135 million on August 28, 2009, respectively.

The non-party company approved that the basic terms and conditions of bank transactions apply at the time of the above loan.

Each of the above loans has been extended for several times until June 2012.

B. The Defendants jointly and severally guaranteed each of the above loans owed by the non-party company to our bank.

However, each guarantee limit is KRW 117.6 million, KRW 68.4 million, KRW 162 million.

C. On December 28, 2012, our bank transferred each of the above loans to Korea to a limited liability company specializing in the third asset-backed securitization (hereinafter “us”) and completed notification of the assignment of claims at that time.

On November 20, 2013, the transfer of the above loan claims to the Plaintiff on November 20, 2013, and the Plaintiff received delegation of the transfer expenses from the transferor, and notified the Defendants of the transfer of claims on December 30, 2014 as the transferor’s agent.

The sum of principal and interest of each of the above loans as of September 30, 2013 is KRW 349,530,300 [the principal amounting to KRW 118,754,137 [the principal amounting to KRW 20,754,137 [the principal amounting to KRW 98 million] 67,574,107 (the principal amounting to KRW 56,993,599 KRW 10,580,508)] 163,202,056 (the principal amounting to KRW 28,202,05 million)];

E. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from February 27, 2016 to the day following the delivery date of a copy of the instant complaint to the day of complete payment, as sought by the Plaintiff, with respect to KRW 347,174,107, which is within the limit of each of the above principal and interest of loan (i.e., KRW 67,574,107,000,000,000 and KRW 289,93,599 (total principal).

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

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