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(영문) 서울중앙지방법원 2016.09.07 2016가단50304
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 46,654,641 and KRW 24,438,783 among them from December 9, 2015.

Reasons

1. Basic facts

A. The Industrial Bank of Korea concluded a loan contract with a non-party company (hereinafter “non-party company”) as follows.

1) The loan amount of KRW 100,000,000 on August 12, 2008, due date of repayment, August 12, 2009, and the “small and Medium Enterprise Loan Loan” of the loan subject (hereinafter “instant First Loan Agreement”).

(2) (2) On June 19, 2009, KRW 5,000,00 for a loan, due date on December 18, 2009, and KRW 5,000 for a loan of small and medium enterprises (hereinafter “instant loan”). (3) on June 28, 2010, the loan amount of KRW 5,00,000 for a loan of small and medium enterprises (hereinafter “instant loan”) and due date on September 28, 2010; and (4) “small and medium enterprise loan of the loan of this case” (hereinafter “instant third loan contract”).

B. On August 12, 2008, the Defendant A entered into a joint and several guarantee agreement with the Industrial Bank of Korea and the Defendant A on August 12, 2008, with the guarantee limit of the first loan obligation amounting to KRW 120,000,00, and ② on June 19, 2009, with respect to the second loan obligation under the instant loan agreement, respectively.

C. On June 28, 2010, Defendant B entered into a joint and several guarantee agreement with the Industrial Bank of Korea on the guarantee limit of loans under the instant third loan agreement with the Defendant at KRW 6,00,000.

On March 29, 2011, the Bank of Korea for Transfer of Bonds No. 1 (A) pursuant to an asset-backed securitization plan based on the Asset-Backed Securitization Act.

In accordance with Article 7 (1) of the Asset-Backed Securitization Act, each claim mentioned in the paragraph was transferred, and the non-party company sent two contents-certified mail to the domicile of the non-party company, and notified the fact of transferring the claim to the Korean one newspaper and the Korean one newspaper.

E. As of December 8, 2015, as of December 8, 2015, the debt balance under the loan 1 through 3 contracts of this case is as follows, and the rate of delay damages is 21% in all.

The balance of principal and interest, including principal and interest, in the instant loan contract, KRW 22,215,888 won, 46,654,641.

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