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(영문) 서울중앙지방법원 2015.03.13 2013가합523976
양수금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable to pay (1) KRW 51,258,541, and (2) KRW 72,952,985 and its out of KRW 46,179.

Reasons

1. Indication of claim;

A. The Gyeonggi Bank Co., Ltd. (hereinafter “Nonindicted Bank”) loaned the loans to Defendant Sungsung Transportation Co., Ltd. (Co., Ltd., hereinafter “Defendant Co., Ltd.”) as listed below, and the network E, F, Defendant A, B, C, and D jointly and severally guaranteed the above loans as follows.

On February 15, 1996, the guarantee limit for joint and several sureties loans of 90,00,000 won for other facilities loan 90,000 won for loans, F, Defendant A, B, C, and D, each of 117,00,000 won for overdraft loans of 50,000,000 won on February 15, 1996, EF, Defendant A, B, C, and D 3,00,000 won for ordinary loans of 80,00,000,000 won on September 24, 1996, and Defendant A each of 104,00,000,000,000 won for real estate loans of 104,00,00,000,000 won for 40,0000 won for real estate loans of 117,000,0000 won for each of 30,005,09.

B. After that, the remaining amount of the loan remaining after receiving a partial repayment from the Defendant Company on June 28, 1998 is KRW 126,008,629 as of February 15, 1996 (i.e., principal interest of KRW 90,00,000 at interest rate of KRW 36,008,629) (i.e., interest rate of KRW 36,000 at interest rate of KRW 36,008,629). (ii) The current loan of KRW 49,984,028 at interest rate of February 15, 1996 is the principal amount of KRW 48,639,717 (i.e., principal amount of KRW 35,091,510 interest rate of KRW 13,548,207). (iii) The principal amount of the loan of KRW 36,206,816,2086,2086,686,286.

C. On June 29, 1998, the non-party bank transferred each of the above claims against the defendant company to the plaintiff (the Korea Assets Management Corporation prior to the change) pursuant to Article 4 of the Act on the Establishment of Non-Performing Assets Management Corporation, etc. and Article 4 (1) of the Enforcement Decree of the same Act. The non-party bank notified the defendant company of the transfer of the above claims

The remaining amount of claims as of April 9, 1999 are ① The other facility loan as of February 15, 1996 shall be overdue interest 48,842.

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