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(영문) 서울중앙지방법원 2016.10.06 2015가합24060
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 883,122,256 and KRW 206,30,000 among them.

Reasons

1. Indication of claim;

A. SBA Savings Bank (former Mutual Savings Bank Co., Ltd. prior to the change) lent the instant loan to Defendant A as indicated in the following table (hereinafter “instant loan”).

Defendant B jointly and severally guaranteed the instant loan obligations against the Defendant A’s SB Savings Bank.

The loan date (limit) interest rate (%) interest rate (%) interest rate (%) interest rate on the loan date of the divided loan subject, and delay interest rate (transaction period) due (transaction period) 15.5.17. 17. 24. 17. 1997, 1995.05. 21. 12. 1.0012. 3. 205. 1997, 1997, 1997. 01. 12. 3. 12. 12. 1. 1997. 12. 12. 12. 1. 1999. 6. 30. 199

After that, Defendant A did not pay interest on the instant loan and lost the benefit of the time limit for the instant loan.

C. On December 29, 2014, SB Savings Bank (hereinafter “SB Savings Bank”) transferred the instant loan claims to the Plaintiff (the trade name was changed as of April 1, 2015, but was changed as of April 1, 2015) and notified the Defendant A of the assignment of claims on February 24, 2015.

As of April 9, 2015, the amount of the instant loan claims as of April 9, 2015 is KRW 1,104,923,489 in total as indicated below (i.e., principal amount of KRW 259,277,200, KRW 845,646,289).

On May 17, 1997, 197. 17. 245. 17. 20, 220, 1320, 13218,97, 200, 579, 779, 791, 779, 7749, 2006, 006,023,023,003,06,06,023,023,023,023,023,023,003,023,004,100,000,004, 100,000, 100,004, 1023,00,004, 10,000,00,0023,00,000,381,0964, 196, 1967,2074,206

E. Therefore, as the Defendants jointly and severally sought against the Plaintiff, the sum of KRW 26.3 million of the principal balance of the instant loan claims and overdue interest of KRW 676,822,256, as well as KRW 883,122,256, and the principal amount of KRW 26.3 million among them.

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