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(영문) 서울중앙지방법원 2015.07.17 2015가합5847
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 7,178,937,00 won and the above amount of KRW 1,789,956,859.

Reasons

Description of Claim

On September 15, 1995, the Korea Mutual Saving and Finance Company Co., Ltd. (hereinafter referred to as “Co., Ltd.”) entered into a monetary loan agreement with Defendant A Co., Ltd. (hereinafter referred to as “Co., Ltd.”) with the amount of loans of 1.8 billion won, interest rate of 1.7 billion won per annum, interest rate of 17% per annum, interest rate in arrears (23% per annum after October 9, 199), and interest rate in arrears as of September 15, 1996 for the due date, and extended the above money.

Defendant B, Cleanup Co., Ltd, and C have jointly and severally guaranteed the obligations to the mutual savings and finance companies of Defendant A under the monetary loan agreement.

On April 16, 2003, the Korea Mutual Savings and Finance Company transferred the instant loan claims to the Plaintiff, and on August 8, 2003, notified the Defendants of the transfer of claims.

On December 4, 2003, the Plaintiff filed a lawsuit against the Defendants, and the said lawsuit became final and conclusive to order the Defendants to jointly and severally pay 1,800,000,000 won and 23% interest per annum from October 10, 1999 to the date of full payment.

(Seoul Central District Court Decision 2003Da43092 delivered on September 24, 2004). The plaintiff filed the lawsuit of this case seeking part of the above final judgment claim for the interruption of extinctive prescription.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment without holding any pleadings following the submission of a written reply);

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