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(영문) 서울중앙지방법원 2015.04.14 2014가합585391
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 300,151,942 and KRW 130,254,241 among them.

Reasons

1. Indication of claim;

A. On March 9, 1995, Defendant A borrowed each amount from Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”), from the Agricultural Cooperative Federation on August 29, 1996 (hereinafter “CF”), from the Korea Agricultural Cooperative Federation on August 24, 1996 (hereinafter “CF”), and from the Korea Saemaul Savings Depository on August 24, 1996 (hereinafter “CF”), and Defendant B guaranteed Defendant A’s obligations for loans to Defendant A’s community credit cooperatives.

B. Samsung Fire Insurance: (a) on June 21, 2013; and (b) on June 28, 2013, agricultural cooperatives and community credit cooperatives transferred each of their loans to Defendant A to the Plaintiff, and notified the said Defendant thereof.

C. As of November 20, 2014, Defendant A’s loan principal amounting to KRW 130,254,241 (i.e., Samsung Fire 82,769,353 Won 82,769,353 Won 88,984,888), including delay damages, is KRW 300,151,942 (i.e., Samsung Fire 13,083,203 Won 193,768,707 Won 93,300,032).

Therefore, Defendant A is obligated to pay damages for delay at the rate of 17% per annum for the principal and interest of 300,151,942 won and the principal of the loan from November 20, 2014 to the date of full payment; Defendant B is obligated to pay damages for delay at the rate of 17% per annum for the principal and interest of 93,30,032 won and 38,984,888 won from November 20, 2014 to the date of full payment; and Defendant B is obligated to pay damages for delay at the rate of 17% per annum for the principal and interest of 93,300,032 won for community credit cooperatives jointly and severally guaranteed; and from the date of full payment to the date of full payment.

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

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