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(영문) 서울중앙지방법원 2017.08.23 2017가합15374
양수금 등
Text

1. Defendant A Co., Ltd.: (a) from November 9, 2016, with respect to KRW 500,000 and KRW 353,601,353 among the Plaintiff.

Reasons

1. The Defendant Company A (hereinafter “Defendant Company”) entered into each credit transaction agreement (hereinafter “each of the instant credit transaction agreements”) with the Industrial Bank of Korea as listed in the following table, with each of the credit transaction agreements (hereinafter “each of the instant credit transaction agreements”; and, when an individual agreement is reached, the number of pages indicated in the table is attached thereto).

On November 29, 2006, 12.25% per year beginning in January 29, 2006, 500,000, and 12.25% after May 23, 2008, small and medium enterprise facility loan 415,000,000, and January 14, 2015, Defendant B guaranteed the Defendant Company’s obligation to return the Defendant Company’s loan under each credit transaction agreement within the respective limits of 510,000,000 won with respect to the first credit transaction agreement of this case on the date of the above agreement.

In order to comprehensively secure the Defendant Company’s obligation to repay its loans, including loans under each of the instant credit transaction agreements, the Industrial Bank of Korea completed the registration of establishment of a mortgage on November 30, 2006, following the five real estate owned by the Defendant Company, including the 3,431m2 (hereinafter “instant secured real estate”) and one real estate owned by the Defendant B, as joint collateral, on the same day of receipt of the Suwon District Court’s Ansan Branch, No. 42970 on the same day, the maximum amount of debt 2.1 billion won, and the debtor company’s establishment of a mortgage.

Since 2010, the Defendant Company did not pay the principal and interest of the loan from around 2010, and in such a case, the overdue interest rate applied to the loan loan of the Defendant Company is 21% in the case of the first credit transaction agreement (small and medium enterprise loan), and the second credit transaction agreement (small and medium enterprise facility loan) in this case is 17.39% in the case.

On the other hand, on November 25, 2010, the Industrial Bank of Korea transferred to the Yonhap Asset Management Co., Ltd. the principal and interest of loans, including loans under each of the instant credit transaction agreements, to the Defendant Company. The Plaintiff obtained the consent of the Industrial Bank of Korea on December 23, 2010, and the transferee of the above loan principal and interest claims.

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