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(영문) 서울중앙지방법원 2015.05.29 2015가합528067
양수금
Text

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Reasons

1. Indication of claim;

A. Nonparty C Co., Ltd. concluded a loan contract with the Bank of Korea, and the Defendants jointly and severally guaranteed the above loan obligations, and the remaining principal and interest of the loan obligations under the above loan contract is KRW 1,304,204,80 (the principal amount is KRW 942,013,697).

B. In Korea, a limited liability company specialized in the first-class securitization acquired the above loan claims from the bank of Korea against C and the Defendants, and subsequently transferred the above loan claims to the same comprehensive financial securities company. A limited liability company specialized in the second-class securitization of Ethael has acquired the above loan claims from the same comprehensive financial securities company, and transferred the above loan claims to Mpller loan limited company. On April 19, 2013, the Plaintiff entered into a contract with Mpller loan limited companies to finally acquire the above loan claims, and notified the Defendants of the fact of the above transfer of claims.

C. Therefore, the Defendants shall jointly and severally pay to the Plaintiff damages for delay at a rate of 20% per annum from the day following the delivery of the original copy of the instant payment order to the day of complete payment with respect to KRW 1,304,204,80 and the principal amount of KRW 942,013,697.

2. Judgment to be rendered for the confession of applicable provisions of law (Article 208(3)2 of the Civil Procedure Act, and the defendants submitted a written objection with the certified copy of the payment order in this case, but the written objection does not contain specific arguments, and thereafter, they did not appear on the date for pleading without submitting a written reply. Thus, the plaintiff's assertion is deemed to have been led to confession pursuant to Article 150(3) of the Civil Procedure Act);

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