logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2015.09.09 2014가합1249
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 422,595,872 and KRW 200,000,000 among them.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Do Private Savings Bank Co., Ltd. (Gangwon) (hereinafter “Do Private Savings Bank”)

(1) On August 19, 2005, Defendant A Co., Ltd. (hereinafter “Defendant A”) is limited to “Defendant A”).

(1) The loan of KRW 200 million (hereinafter referred to as “the loan bond of this case”) shall be extended to the maximum due date on August 19, 2006 and the overdue interest rate of KRW 19% per annum, respectively.

(2) After Defendant B and C guaranteed each of the instant loan claims, the Do Public Savings Bank extended the due date to August 19, 2009. Accordingly, the amount of principal and interest of the loan claims incurred until November 9, 2014 is KRW 422,595,872, including the outstanding interest and overdue interest in accordance with the agreed rate between December 5, 2008 and November 9, 2014, 222,595,872.

3) On August 26, 2011, the Financial Supervisory Commission decided to transfer a contract to the Plaintiff to the Do Public Savings Bank and revoke its business license. On August 29, 2011, the Plaintiff announced this on two daily newspapers on August 29, 201. Accordingly, on December 28, 2011, the Do Public Savings Bank entered into an agreement on the settlement of accounts, such as the transfer of the instant loan claims to the Plaintiff, and the Plaintiff, upon the public notice of the said newspaper pursuant to Article 14-2 of the Act on the Structural Improvement of the Financial Industry, had the Defendants set requirements for setting up against the transfer of the instant loan claims against the Defendants.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including the relevant branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the facts established prior to the determination, barring any special circumstance, the Defendants jointly and severally, as the principal obligor and joint guarantor of the instant loan claims, calculated the interest rate of 19% per annum, which is the date following the date of calculating the interest calculated for the principal amount of KRW 422,595,872 and the date of full payment from November 10, 2014 to the date of full payment.

arrow