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(영문) 서울중앙지방법원 2016.11.04 2016가단5054073
양수금
Text

1. The Plaintiff:

A. The defendant A Co., Ltd. shall have USD 445,840.87 in US currency and USD 94,03 in US currency.

Reasons

1. Basic facts

A. On June 5, 1997, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a foreign exchange transaction agreement, bill transaction agreement, and payment guarantee transaction agreement with Seoul Bank Co., Ltd. (hereinafter “Seoul Bank”) to the extent of USD 300,000 (hereinafter “$300”) in the United States of America (hereinafter “U.S. currency”) and then was loaned from the Seoul Bank amounting to USD 38,894 on July 16, 1997.

B. In cases where the Defendant Company did not repay the above principal and interest obligation at time or lost the benefit of time, etc., the Defendant Company agreed to pay the overdue interest in accordance with the overdue interest rate set by the Seoul Bank. The overdue interest rate of the Seoul Bank from August 1, 199 to the 19% per annum.

C. On September 4, 1997, the Defendant (designated parties, hereinafter “Defendant B, etc.”) and the designated parties (hereinafter “Defendant B, etc.”) jointly and severally guaranteed the Seoul Bank amounting to US$ 390,000 each of the incidental obligations arising from the lending of bills, discount of bills, instruments lending, overdraft lending, payment guarantee (including bond guarantee), payment guarantee (including bond guarantee), foreign exchange, etc., and other credit transactions, such as obligations, guaranteed liabilities, interest obligations on bills or checks, interest obligations on bills or checks, overdue liability, expenses to be borne by the obligor or the founder, and all other obligations related to credit transactions.

On July 9, 1999, the Seoul Bank transferred the above loan principal and interest to the Defendant Company, and notified the Defendant Company, Defendant B, etc. of the above transfer by content-certified mail.

E. As of February 17, 2016, the amount of non-payment of the principal and interest obligation against the Plaintiff as of February 17, 2016 is USD 94,03.13, USD 351,807.74, in total, USD 45,840.87.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 8 shall include satisfy, and defendant B shall provide satfy evidence No. 4.

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