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(영문) 서울중앙지방법원 2017.06.15 2015가합526702
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) from October 1, 1998, 604,900,465 won and 500,000,000 won among them.

Reasons

1. Basic facts

A. Loan and joint guarantee 1) Defendant A Co., Ltd. (hereinafter “Nonindicted Bank”)

From February 7, 1996, US$ 300,000 was loaned on February 7, 1997 (hereinafter “first loan”). The loan was made on February 7, 1997 (hereinafter “first loan”).

(1) On July 1, 1997, KRW 498,725,00 as of July 1, 1997 and received a loan on March 5, 1998 (hereinafter “second loan”);

The term “each of the instant loans” referred to as “each of the instant loans” under section 1 and section 2.

(2) The interest rate and delay interest rate of each of the instant loans were set based on the prescribed interest rate set by the bank within the limit permitted by law. The interest rate for the instant loans from December 26, 1997 to October 6, 1998 set by the bank was 25% per annum from October 7, 1998 to January 28, 199, 21% per annum from January 299, and 19% per annum from January 29 to June 27, 2003. (2) As to the instant loans, Defendant B and the Network P jointly and severally and severally guaranteed each of the instant loans within the limit of KRW 1,00,000,000,000,000, and Defendant B and Net were 650,000,000,000,000 per annum and joint and several suretys within the limit of each guarantee limit of KRW 360,04,00.

B. On September 29, 1998, the non-party bank transferred the claim for each of the loans of this case to the Plaintiff, and notified the Defendants of the fact of transferring the claim.

C. On October 16, 2003, the Plaintiff filed a lawsuit against Defendant Company A, B, C, network P, and network R, seeking the reimbursement of the above acquisition amount under the court 2002Gahap76801, and filed a lawsuit against the Plaintiff on October 16, 2003,

A. Defendant A Co., Ltd.: 25% per annum from October 1, 1998 to October 6, 1998; 21% per annum from October 7, 1998 to January 28, 1999; 19% per annum from January 29 to June 27, 2003; and 20% per annum from June 28, 1999 to June 27, 2003; and

(2) the amount of money at each ratio;

B. Defendant B and network P are jointly and severally with Defendant A.

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