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(영문) 서울중앙지방법원 2016.11.11 2014가합581207
손해배상(기)
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) Company A and the Defendant (Counterclaim Plaintiff) B are jointly and severally provided, however, that:

Reasons

1. As to the plaintiff's main claim

A. Fact-finding 1) The Plaintiff’s loan to the Defendant Company (the Korea Exchange Bank prior to the alteration: D Co., Ltd.) provided three loans to the Defendant Company (the previous company: D Co., Ltd.) as listed in the following table. The base rate of February 2, 2007 (the base rate of 3 months) - the maximum of 14% 19.41% on December 27, 2006 - the base rate of 6.46% on June 27, 2007 (the base rate of 3 months), the maximum of 19.46% on June 27, 2007 (the base rate of 19.46% on June 207) - the maximum of 19.46% on June 20, 2007, the average of 300 billion won on June 20, 2008 (the maximum of 20.36% on June 21, 2008).

3) As the remaining amount of the Plaintiff’s loan claims against the Defendant Company lost the benefit of the time limit for the above loan obligations, the Plaintiff recovered all and part of the loan principal and interest from the auction procedure (U.S. District Court E, U.S. District Court F, and Seoul Central District Court G) in which the Defendant Company as the obligor. As a result, the Plaintiff’s attempted interest on the Defendant Company as of February 11, 2014 (i) (i) as of August 3, 2006, 276,256,209 won as to attempted interest on loans as of December 27, 2006, 38,987,506 won as of June 20, 2007, and 118,612,900 won as to loans as of June 20, 2007, and (ii) did not dispute with the Plaintiff’s company, and (iii) did not include any number Nos. 276,256,19 through 24).

(b) each entry and the purport of the whole pleadings.

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