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(영문) 서울중앙지방법원 2016.10.05 2016가합544745
양수금
Text

1. As to the Plaintiff, Defendant A Co., Ltd., as to KRW 1,771,912,580 and KRW 953,284,514 among them, starting from December 1, 2015.

Reasons

1. Basic facts

A. On October 29, 2013, the New Savings Bank (hereinafter “New Savings Bank”) was declared bankrupt on October 29, 2013 by the Seoul Central District Court 2013Hahap161, and the Plaintiff was appointed as the trustee in bankruptcy of the New Savings Bank on the same day.

(hereinafter referred to as the “Plaintiff” in combination with the Plaintiff and the New Savings Bank.

On November 14, 2007, Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a loan agreement with the Non-Party Korea Bank Co., Ltd. (hereinafter “New Korea Bank”) on the following terms. Defendant B and Non-Party C jointly and severally guaranteed the obligation under the above loan agreement within the limit of KRW 2,470,000,000.

The rate of overdue interest rate of the loan 1,900,000,000 won for the loan due date on November 14, 2007 shall be 19% per annum on November 14, 2012

C. The Defendant Company lost its interest due to delay in payment of interest under the above loan agreement, thereby losing its interest due to the above loan obligation. On October 5, 2010, the Plaintiff entered into an asset acquisition agreement with the Non-Party New Bank and acquired all rights and obligations of the Non-Party New Bank under the above loan agreement.

After the conclusion of the above asset acquisition agreement, the Plaintiff urged the Defendants to pay the above principal and interest of loan over several occasions, but the Defendants failed to comply therewith, thereby resulting in the Defendants’ totaling KRW 1,771,912,580 (= Principal and interest of KRW 953,284,514 KRW 818,628,06).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant Company is obligated to pay to the Plaintiff interest for the principal of KRW 1,771,912,580 and the principal of KRW 953,284,514 from December 1, 2015, which is the day following the above settlement date, to the day of full payment. Defendant B is jointly and severally liable with the Defendant Company and Nonparty C to pay interest for delay calculated at the rate of 19% per annum from December 1, 2015 to the day of full payment.

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