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(영문) 서울중앙지방법원 2015.06.04 2015가합6123
양수금
Text

1. The defendant shall jointly and severally with the plaintiff as to KRW 1,986,734,675 and KRW 341,00,000 among them.

Reasons

1. Facts of recognition;

A. B Loans and the Defendant’s joint and several sureties 1) Daeyang Mutual Savings and Finance Company (hereinafter “Mayang Mutual Savings and Finance Company”)

on September 27, 2001, B Co., Ltd. (hereinafter referred to as “B”).

) A loan of KRW 3.5 billion was extended at the rate of 18% per annum on October 6, 2001, interest rate of KRW 18% per annum, and delay damages rate of KRW 24% per annum on the expiration of the extension period (hereinafter “instant first loan”).

(2) On February 18, 2002, the Daeyang Mutual Savings and Finance Company loaned KRW 1.5 billion to B on February 18, 2002 at the expiration date of the credit period of February 23, 2002, interest rate of 18% per annum, and damages for delay rate of 24% per annum.

(B) On September 18, 2002, the Defendant jointly and severally guaranteed the obligation borne by B with respect to the instant loan No. 2 on September 27, 2001, and on February 18, 2002. (b) After being declared bankrupt by the Daeyang Mutual Savings and Finance Company, the Korea Deposit Insurance Corporation was appointed as bankruptcy trustee.

2) On January 12, 2005, the Korea Deposit Insurance Corporation filed an application with the Seoul Central District Court for a payment order claiming that B and the Defendant pay damages for delay at the rate of 24% per annum from December 16, 2004 to the date of full payment of the principal and interest of each of the loans of this case and the principal of the loans of 3,407,91,009 to the principal and interest of 5,053,725,74 won, and from February 7, 2005 to the date of full payment (200), and the above court issued the payment order on January 28, 2005 to the Defendant. 3) The above payment order was served on the Defendant on February 7, 2005 and confirmed on February 22, 2005.

4) Meanwhile, the Korea Deposit Insurance Corporation filed an application for lawsuit with the above court on the ground that the above payment order was not served on B, and the above case was implemented on May 4, 2005 as litigation procedure No. 2005da1305499 on May 4, 2005. 5) The above court sentenced the same judgment as the purport of the above payment order application on July 22, 2005, which became final and conclusive on August 18, 2005.

C. On May 31, 2012, the Plaintiff’s Korea Deposit Insurance Corporation transferred the claim for loans based on each of the instant loans to the Plaintiff, and on July 3, 2012, transferred the said claim to B and the Defendant.

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