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(영문) 서울중앙지방법원 2017.06.22 2016가합22177
양수금
Text

1. Defendant A Co., Ltd.:

(a) From April 16, 2016, KRW 384,862,037 and KRW 217,868,617 among them.

Reasons

1. Basic facts

A. 1) National Bank Co., Ltd. (hereinafter “National Bank”)

(1) On October 10, 2007, Defendant A Co., Ltd. (hereinafter “Defendant A”)

A) A loan was made on October 10, 2010 with a maturity of KRW 350 million as of October 10, 201. At the time, Defendant B, as the representative director of Defendant A, guaranteed the Defendant A’s loan obligation with a ceiling of KRW 4550 million. 2) On May 9, 2008, a national bank extended a loan to Defendant A with a maturity of KRW 270 million (base interest rate of KRW 3.86%) on May 8, 2009 (the maturity was extended to May 7, 2010), with a maturity of KRW 350,500,000.

B. On June 29, 2010, the National Bank notified the Defendants of the transfer of the above loans to the Plaintiff, and notified the Defendants of the transfer of the claims on July 2, 2010 and July 6, 2010.

C. Of the Plaintiff’s claim against the Defendants, the amount yet to be repaid is as follows as of April 15, 2016:

(hereinafter referred to as "claim of this case"). (Units: Interest rate of principal and interest on the date of loan No. 217,868,617, 166, 993, 420 annual 16% of 384,862,037 45,000, 264,061, 267 265,869, 765 annual 21% of 529,930, 892351,000 B/C / [Grounds for recognition] Defendant A’s judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act), Defendant C: lack of dispute; the purport of the whole number of pleadings No. 12 and evidence No. 16

2. According to the above facts of determination as to the claim against Defendant A, Defendant A shall pay to the Plaintiff 384,862,037 won (i.e., principal KRW 166,993,420) plus interest rate of KRW 16% per annum, which is the agreed interest rate from April 16, 2016 to the date of full payment, for the principal amount of KRW 217,868,617 and KRW 217,868,617.

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