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(영문) 서울중앙지방법원 2017.07.20 2017가합9577
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) As to KRW 17,400,414 and KRW 14,839,386 among them, from November 29, 2016.

Reasons

Defendant A Co., Ltd. was loaned KRW 200 million from the Bank of Korea around March 31, 2010 at the due date for payment on March 31, 201; KRW 17% per annum at a time less than three months overdue interest rate; and KRW 19% per annum at a time of not less than three months.

(hereinafter “instant loan 1”). Defendant B entered into a contract for collateral guarantee with the Bank of Korea and the Defendant A to provide joint and several surety worth worth KRW 240 million for the above loan obligations of the Bank of Korea and the Defendant A.

Defendant A Co., Ltd. received a loan by setting the amount of KRW 267 million on November 26, 2010 at the maturity of March 31, 201, at the rate of 17% per annum per three months or more, and at the rate of 19% per annum per three months or more.

(hereinafter referred to as “instant second loan”). Defendant B entered into a contract for collateral guarantee with the Bank of Korea and the Defendant A to provide joint and several surety for the amount of KRW 320,400,000,000 for the above loan obligations of the Bank of Korea and the Defendant A.

On March 15, 2013, our Bank concluded a contract for the transfer or takeover of the contract with the Yonhap Asset Management Co., Ltd. and the Plaintiff on March 28, 2013, and concluded a contract for the transfer or takeover of the contract with the Yonhap Asset Management Co., Ltd. and the Plaintiff on March 28, 2013, transferred each of the instant loans claims to the Plaintiff as of March 28, 2013, and notified the Defendant Co., Ltd of the transfer of claims on March 28, 2013 and on April 1, 2013.

As of November 28, 2016, the principal of the instant loan is KRW 14,839,386, interest is KRW 2,561,028, and the principal of the instant loan is KRW 267,00,000, interest KRW 54,405,556.

[Grounds for recognition] According to the facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers), and the facts of recognition as above, the purport of the whole pleadings, the defendants shall jointly and severally seek to the plaintiff the principal and interest of KRW 17,400,414 (=interest of KRW 14,839,386, KRW 2,561,028) and the principal and interest of KRW 14,839,386 among them, from November 29, 2016 to January 20, 2017, the delivery date of the original copy of the payment order related to the instant case, within the scope of overdue interest rate of KRW 14.2% per annum for the plaintiff from November 29, 2016 to January 20, 2017, and the next day to full payment date.

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