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(영문) 부산지방법원 동부지원 2017.02.10 2016가합103018
양수금
Text

1. The defendant is jointly and severally with the non-party B corporation, and the plaintiff.

(a) KRW 3,200,083,726 and KRW 1,161,037,448 among them;

Reasons

1. Facts of recognition;

A. The Industrial Bank of Korea, upon application for a loan by a stock company B (hereinafter “B”), executes the loan as shown in the attached Table, and the Defendant jointly and severally guaranteed each of the above loan agreements.

(B) In the event that the principal and interest of the loan is lost due to a failure to pay it, the Bank shall pay damages for delay at the interest rate determined by the Bank of Korea from the date of loss of the principal and interest of the loan to the date of full payment).

On May 12, 2011, the Industrial Bank of Korea transferred claims against B and the Defendant, a subsidiary company, to the Korea Industrial Bank of Korea. On October 29, 201, the Korea Industrial Bank of Korea transferred each of the above claims to the EPS Savings Bank, and the EPS Savings Bank transferred each of the above claims to the Plaintiff on October 29, 2015, and notified B and the Defendant of each assignment of claims.

C. As of June 19, 2016, the principal and interest for delay of each of the above claims are as listed in the attached Table.

2. According to the above facts of recognition, the defendant is jointly and severally liable with B to pay to the plaintiff 3,200,083,726 won, and to pay the principal 1,161,037,448 won (attached Form 1 through 77) at the rate of 15% per annum from June 20, 2016 to the day of full payment, and to pay 52,800,000 won (attached Form 78,79).

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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