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(영문) 서울동부지방법원 2015.08.18 2014가합109882
양수금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 190,494,931 and KRW 149,97,952 among them, Defendant B shall be jointly and severally liable to the Plaintiff on July 1, 2015.

Reasons

1. The Defendant A Co., Ltd. (hereinafter “Defendant A”) filed an application for a loan of general operating capital with the Bank of Korea to obtain a loan of KRW 50,000,000 from the said Bank on November 26, 2009, and subsequently agreed on July 26, 201.

Defendant B jointly and severally guaranteed Defendant A’s above loan obligations.

On November 12, 2013, the Korean bank transferred the above loan claims against Defendant A to Korea, and the limited liability company specializing in the third asset-backed securitization in Korea transferred the above loan claims to the Plaintiff on November 12, 2013.

On December 13, 2013, 2013, the Plaintiff, who was delegated with the authority to notify the assignment of claims by the Korean bank and the limited company specializing in the third securitization in Korea, notified the Defendant A of the assignment of claims, and around that time, the above notification reached the Defendant A.

At present, Defendant A’s above loan obligations remain in principal KRW 149,97,952, interest KRW 40,496,979,9799. Thus, Defendants are jointly and severally liable to pay to the Plaintiff 190,494,931 won (i.e., KRW 149,97,952 won) and damages for delay for KRW 149,997,952 of them.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

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