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(영문) 서울중앙지방법원 2015.03.19 2014가합579099
양수금
Text

1. The Plaintiff:

A. As to KRW 2,533,787,217 and KRW 475,911,825 among them, Defendant A Co., Ltd., Ltd., and KRW 2,533,787,217 among them,

Reasons

1. Indication of claim;

A. On May 31, 1996, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit line trading agreement with the foreign exchange bank (hereinafter “foreign exchange bank”) under which the Defendant Company borrowed money from the foreign exchange bank until May 4, 1997, with a limit of 300,000,000,000, and until May 4, 1997, and overdue interest was extended to KRW 61,80,000 from April 24, 1993 to September 15, 1998.

B. On September 30, 1994, Defendant B entered into a collateral guarantee contract with the foreign exchange bank with the purport that the Defendant Company will jointly and severally guarantee all the obligations related to current and future loans to the foreign exchange bank within the limit of one billion won.

C. On September 29, 1998, the foreign exchange bank transferred each of the above loans against the Defendants to the Plaintiff and notified the Defendants thereof.

On May 10, 2004, the Plaintiff filed a lawsuit against the Defendants claiming the payment of the principal and interest of loan and damages for delay remaining as of May 10, 2004 (Seoul Central District Court 2004Gahap40035). The judgment in favor of the Defendants was rendered on February 1, 2005, and the above judgment became final and conclusive around that time.

E. The principal and interest of a loan remaining as of September 25, 2014 is KRW 2,53,787,217 in total, the principal and interest of which remain as of September 25, 2014, KRW 548,94,977 in total, KRW 1,984,792,240 in total, and KRW 2,533,787,217 in total, and the Plaintiff claims damages for delay

F. Therefore, with respect to the Plaintiff, as to the principal and interest of KRW 2,533,787,217 and KRW 475,911,825, which are part of the principal and interest of KRW 500 million, the Defendant Company sought from September 26, 2014, which is the following day of the above base date until the service date of a duplicate of the instant complaint, 18% per annum sought by the Plaintiff, and from September 26, 2014, to the service date of a duplicate of the instant complaint, for KRW 24,08,175, which is the following day of the above base date.

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