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(영문) 서울중앙지방법원 2015.01.08 2014가합548897
양수금
Text

1. The Plaintiff:

A. On March 23, 2004, 2004, 656,535,959 won and 201,956,808 won among the defendants' ordinary land transactions

Reasons

1. In fact, 193.4. 50,000,000 per annum 19% per annum for loans extended by small and medium enterprises, 19.4. 23. 23. 4. 23. 23. 50,000,000 per annum for loans extended by financial bonds, 19. 19% per annum, 3. 4. 23. 1993. 4. 23. 1993. 4. 1993, the indication is omitted.

USD 140,205 per annum 19% per annum, 19% per annum, 201,956,808 won per annum, August 31, 1993, 1993, 19% per annum, 5% per annum, 200,000,000 won per annum, on September 17, 1993.

A. Defendant common land trade (formerly before the change: Korea Co., Ltd.; hereinafter “Defendant Co., Ltd.”) entered into five loans agreements with the Industrial Bank of Korea from April 23, 1993 to September 17, 1993 as listed below, and received loans from each of the money stated in the “loan amount” stated in the same Table.

B. At the time of each of the above loan agreements, D (the father of Defendant B) made each joint and several guarantee for the loans listed in the Nos. 3 through 5 above table (for loans listed in the No. 3 above table: USD 420,000 on the guarantee limit: USD 420,000 on the guarantee limit: KRW 260,000 on the guarantee limit; KRW 40,000 on the guarantee limit); and Defendant C made each joint and several guarantee for the loans listed in the above table No. 3

C. On December 29, 1998, the Plaintiff acquired all the remaining principal and interest claims against the Defendant Company from the Industrial Bank of Korea. The Industrial Bank of Korea notified Defendant Company, C and D of the assignment of the above claims.

On April 22, 2004, the Plaintiff filed a lawsuit against the Defendant Company, C, and D seeking the payment of principal and interest on the remaining debt of each of the above loans (Seoul Central District Court 2004Gahap30182) and filed it with the Plaintiff on October 27, 2004. ① For the Defendant Company, KRW 656,535,959 and its KRW 201,956,808, the amount of KRW 19% per annum from March 23, 2004 to May 3, 2004, and KRW 260,000,000,000 from the following day to the date of full payment; ② The Defendant Company, C, and D shall jointly and severally cooperate with the Defendant Company, USD 253,279,14, and USD 204 to USD 315,205.31,204,205.

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