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(영문) 대전지방법원 2015.07.15 2014가합104616
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The Defendants are jointly and severally liable to the Plaintiff’s Intervenor.

Reasons

Facts of recognition

Af mutual savings bank (hereinafter referred to as "FD Mutual Savings bank") extended each of its loans to Defendant A Co., Ltd. (hereinafter referred to as "A") amounting to KRW 1.7 billion on Dec. 10, 2007 and KRW 150 million on Feb. 27, 2009.

With respect to Defendant A’s respective obligations for loans, Defendant B entered into a comprehensive collateral guarantee agreement of KRW 2.21 billion up to December 10, 2007, and the comprehensive collateral security agreement of KRW 195 million up to February 27, 2009. Defendant C entered into a comprehensive collateral security agreement of KRW 1.755 million up to February 27, 2009.

On December 29, 2009, LFF transferred the claims against the Defendants to the Plaintiff, and the Plaintiff notified the Defendants of the assignment of claims at that time.

The principal and interest of the Plaintiff’s claim against the Defendants is KRW 1,457,043,841 (the loan principal of KRW 617,693,203) as of July 2, 2014, and the overdue rate is KRW 20% per annum.

On October 24, 2014, the Plaintiff transferred the obligation to the succeeding intervenor. Around that time, the succeeding intervenor notified the Defendants of the assignment of the obligation.

【Defendant A Co., Ltd., Ltd., and B: Defendant C: (a) according to the facts of recognition of the entire purport of each of the statements and arguments set forth in the evidence Nos. 1 through 5 (including each of the evidence Nos. 150 of the Civil Procedure Act), the Defendants are jointly and severally liable to pay to the succeeding intervenor the damages for delay calculated at the rate of 20% per annum from July 3, 2014 to the date of full payment of the principal amount of KRW 617,693,203, and the Plaintiff lost the source of the claim by transferring the above claim to the succeeding intervenor.

In conclusion, the plaintiff's claim against the defendants is dismissed as it is without merit. The plaintiff's claim against the defendants against the succeeding intervenor is with merit and it is decided as per Disposition.

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