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(영문) 전주지방법원 2014.11.14 2014가합2692
양수금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally agreed upon KRW 282,651,554 and KRW 20,000,000 among them.

Reasons

1. Facts of recognition;

A. Defendant A borrowed from the Commercial Bank Co., Ltd. (hereinafter “Commercial Bank”) with the following contents, and Defendant A’s father F and Defendant A’s mother jointly and severally guaranteed the loan obligation as follows:

On July 30, 1996, KRW 13.25% per annum, July 30, 1997, KRW 13.25% per annum, Defendant B, June 30, 1997, KRW 20 million, KRW 18% per annum, and KRW 18.18% per annum, June 30, 1998, KRW 30,000,000,000 for loans for common capital of the first loan of the guarantor at the interest rate of time (the due date of change) for repayment for the loans for divided loan, and KRW 13.25% per annum, Defendant B, and each limited guarantee for Defendant B, respectively, of KRW 30,000,000 on June 30, 1997, KRW 198,000,000 on June 30, 1998; and

B. On September 29, 1998, a commercial bank transferred to the Plaintiff (Korea Assets Management Corporation prior to the change on December 31, 1999) the above principal and interest of a commercial bank to the Defendants of the commercial bank, and notified the Defendants of the transfer of the said credit on November 12, 1998 and reached the Defendants around that time.

C. On March 18, 2004, the Plaintiff filed a lawsuit against the Defendants in Jeonju District Court Branch 2004Kahap454, the Plaintiff received a favorable judgment on July 1, 2004 with the following contents. The said judgment (hereinafter “the final judgment of this case”) was finalized on July 30, 2004.

The Plaintiff

A. Defendant A and B jointly and severally agreed 282,651,554 won and (i) 20,000,000 won among them shall be 25% per annum from January 10, 1998 to July 8, 1998; 24% per annum from the next day to October 18, 1998; 20% per annum from the next day to January 24, 1999; 19% per annum from the next day to the day of full payment; 238,44,99 won from the next day to the day of full payment; 19% per annum from the next day to December 21, 1997 to the day of December 8, 197; 19% per annum from the following day to the day of full payment; 238,44,989 won to the day of December 29, 198; 20% per annum from the next day to that to 19.

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