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(영문) 서울중앙지방법원 2015.02.10 2014가합508615
양수금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 497,323,545 and as to KRW 276,459,165 from September 17, 1998 to October 198.

Reasons

1. Loans of 1 general fund loans of 580,000,000 won, a joint and several surety for the extension period of loans of 1 general fund loans of 100,000 won on August 20, 1997; and

A. On August 20, 1996, Seoul Bank Co., Ltd. (hereinafter “Nonindicted Bank”) concluded each loan transaction agreement (hereinafter “instant loan agreement”) with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as listed below, and Defendant B jointly and severally guaranteed each of the above loans to Defendant A Co., Ltd. on the same day.

On August 20, 1996, the non-party bank paid the loan to the defendant company.

B. At the time of each of the above loans, the defendant company agreed to pay damages for delay at the rate determined by the non-party bank. The overdue interest rate determined by the non-party bank was 25% per annum from December 27, 1997 to October 11, 1998, 21% per annum from October 12, 1998 to January 10, 1999, and 19% per annum from January 11, 199 to March 12, 204.

C. On November 28, 1997, the non-party bank transferred each of the above principal and interest claims against the defendants of the non-party bank to the plaintiff (the name at that time was "Korea Assets Management Corporation"), and notified the defendants of the above assignment of claims around June 1998.

Since then, the defendants did not pay the principal and interest of each of the above loans properly and lost the benefit of time on April 21, 1998.

The interest interest accrued until April 21, 1998 1276,45,45 won in arrears until September 16, 1998 1276,45,165,165 won in arrears until September 16, 1998 58,794,520 won in arrears 2020,757,533 won in arrears 10,136,986 Won 276,459,165 won in arrears 151,932,874 won in arrears 68,931,506 won in total 497,323,545 won in arrears.

E. On September 16, 1998, the Plaintiff received dividends of KRW 403,540,835 from the auction procedure for real estate offered by the Defendant Company as security and appropriated it for the repayment of each of the above loans. As a result, the remaining principal and interest of the loan remaining at September 16, 1998 (=276,459,165 interest for arrears of KRW 220,864,380) remain as follows.

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