logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.05.29 2012가합544013
양수금
Text

1. The Plaintiff:

A. Defendant Vienna Construction Co., Ltd., A, and B jointly and severally, KRW 189,138,289, and 9,415.

Reasons

1. Facts of recognition;

A. On January 24, 2008, Defendant Vienna Construction Co., Ltd. (hereinafter “Defendant Vienna Construction”) obtained a loan of KRW 700,000,000 at an annual interest rate of 10%, January 25, 2009 at the expiration date of the credit, and 25% per annum at the highest rate of damages for delay (hereinafter “the first loan”), and Defendant A guaranteed the above loan obligation of Defendant Vienna Construction.

B. On September 30, 2008, Defendant Vienna Construction took out a loan of KRW 650,000,000 from the Flaon Savings Bank at the interest rate of KRW 2.5% per annum, and obtained a loan on September 30, 2009 (hereinafter “instant second loan”) at the expiration date of the loan (hereinafter “instant second loan”), Defendant Vienna Construction’s joint and several liability obligations of Defendant Vienna Construction.

C. On September 29, 2009, the Plaintiff acquired the claim for the instant second loan from the LF Savings Bank, and on October 12, 2009, notified Defendant Vienna Construction of the said assignment of claim. D

On June 29, 2010, the Plaintiff acquired the instant Claim No. 1 from the K Savings Bank, and on the same day, notified Defendant Vienna Construction of the said Claim assignment.

E. On August 9, 201, the Plaintiff received the principal amounting to KRW 650,00,000, interest amounting to KRW 197,582,054, out of KRW 197,582,054 under the instant loan No. 2 in the voluntary auction procedure conducted to Seoul Central District Court C, and appropriated it to the principal of the loan.

In addition, the Plaintiff received reimbursement of KRW 5,160,00 on August 10, 201, KRW 7,910,000 on November 23, 201, and KRW 7,000 on March 7, 201, and appropriated it for the interest claim.

F. The Plaintiff received dividends of KRW 910,00,000 out of the principal amount under the loan No. 1 of this case and interest of KRW 456,616,544 out of the total amount of KRW 700,000,000,000 under the loan No. 1 of this case in the voluntary auction procedure conducted as Seoul Central District Court D, and was appropriated for KRW 700,000,000 and interest of KRW 210,000.

Grounds for recognition: Each entry, pleading, and pleading of evidence A Nos. 1 and 2, respectively, and 8.

arrow