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(영문) 서울중앙지방법원 2016.06.08 2016가합508190
양수금
Text

1. The Plaintiff:

A. Defendant A shall pay a full amount of KRW 799,908,821 and KRW 417,00,000 among them, starting from November 24, 2015.

Reasons

1. Facts of recognition;

A. On November 23, 2007, Defendant A obtained a loan from the Non-Party Bank Co., Ltd. (hereinafter “Korea Bank”), and entered into a credit transaction agreement with the following contents.

The credit interest rate (interest rate for delay) on November 27, 2007, Defendant A, the expiration date of the loan extended by the debtor on the date of loan, shall be 1.33% of the base rate for CD-free loan (19% per annum) on November 27, 2008 (19% per annum).

B. The above credit transaction agreement was changed several times, and the expiration date was changed to 417,00,000 won on February 24, 2010.

On the other hand, on November 30, 2009, Defendant B guaranteed Defendant A’s obligation for the above loans up to KRW 91,200,000.

C. On June 29, 2010, our bank transferred the above loan claims against Defendant A to the non-party 1 (hereinafter “Korea Ep&A”) specialized in Ef&A’s error securitization. On January 24, 2011, Korea Ef&A again transferred the above claim to the Plaintiff.

After having taken over the above bonds, the Plaintiff extended the period of repayment to July 23, 2012, but the Defendants failed to repay the loans by the said period.

The remaining principal and interest of the Defendants amount to KRW 799,908,821 in total as of November 23, 2015 (i.e., principal interest of KRW 417,00,000,000).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the Defendants jointly and severally pay to the Plaintiff damages for delay calculated at the rate of 19% per annum from November 24, 2015 to the date of full payment of the principal amount of KRW 799,908,821 and the amount of KRW 417,00,000 among the principal amount of KRW 79,90,821 until November 23, 2015, and the agreed interest rate of KRW 19% per annum shall be paid to the Plaintiff, but Defendant B shall be liable to pay the amount up to KRW 91,20,000, the

B. The Defendants against this, pursuant to the assumption of obligation between the Plaintiff and Nonparty C, pursuant to the contract concluded on March 28, 2011, the above loans are against Nonparty C.

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