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(영문) 서울중앙지방법원 2015.06.09 2013가합519595
양수금
Text

1. The Plaintiff:

A. For the defendant medical corporation, the defendant medical corporation's mineral justice foundation, 26,65,428 won and 25,292,062 won among them.

Reasons

1. Facts of recognition;

A. On July 5, 1996, the Defendant medical corporation (hereinafter “Defendant foundation”) obtained a loan of KRW 50,000,000 from the Gyeonggi Bank Co., Ltd. (hereinafter “Game Bank”) until July 5, 1997, at the rate of 12.75% per annum, and at the rate of compensation for delay 19% per annum, and the networkF, Defendant B, and C jointly and severally guaranteed the above loan obligations of Defendant Foundation within the limit of KRW 65,00,00,000.

B. On December 31, 1996, the Defendant Foundation received a loan of KRW 90,00,000 from the Seocho Bank Co., Ltd. (hereinafter “Mediation Bank”) until December 31, 1997, with the interest rate set forth in the credit transaction basic terms and conditions of a financial institution. The Defendant Foundation jointly and severally guaranteed the Defendant Foundation’s above loan obligations within the limit of KRW 117,00,000,000, respectively.

In addition, the networkF has jointly and severally guaranteed the credit card payment obligation against the Defendant Foundation's interest banks.

C. On June 29, 1998, the Plaintiff transferred each of the above loans to the Defendant Foundation from the Gyeonggi Bank and Cho Ho Bank, and notified the Defendant Foundation and the Defendant B, C and the Deceased.

The loan claims that the Plaintiff received from the Gyeonggi Bank shall be the total of 25,292,062 won with principal as of June 28, 1998, 26,65,428 won with interest 1,373,366 won, and the interest rate in arrears shall be 26% per annum.

E. The Plaintiff’s claims for loans, which the Plaintiff received from the Daiung Bank, are KRW 97,685,743, interest9,820,552, the total amount of KRW 97,506,295, and the interest rate in arrears is KRW 25% per annum from September 16, 1998 to October 6, 1998, and KRW 21% per annum from October 7, 1998 to January 28, 1999, and KRW 19% per annum from January 29, 199.

In addition, credit card payment claims against the Defendant Foundation's payment banks that the Plaintiff received from the Plaintiff were KRW 3,443,416 as of September 15, 1998, and KRW 3,898,672 as of September 15, 1998. The overdue interest rate is KRW 28% per annum from September 16, 1998 to March 31, 1999, and KRW 27% per annum from April 1, 1999.

F. The Plaintiff is the Seoul District Court against Defendant Foundation, Defendant B, C, and network F.

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