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(영문) 광주지방법원 2015.11.27 2015가단511694
양수금
Text

1. The Plaintiff:

A. On March 25, 2015, Defendant Substitute Machinery Co., Ltd.: KRW 733,292,366 and KRW 25,790,572 among them

Reasons

1. Comprehensively taking into account the determination of the cause of the claim, Gap 1 through 4 and the purport of the entire arguments, defendant Dae Pung machine Co., Ltd. concluded a credit transaction agreement of 270,000 won out of the agreed amount from SC Bank on July 29, 1997. As to this, defendant A jointly and severally guaranteed the obligations of 325,000 won with respect to the remaining 70 million won out of the agreed amount, up to 30,000 won, up to 30,000 won per annum of 70,50,000 won, up to 305,000 won per annum of 70,75,000 won per annum of 205,000 won per annum of 30,75,000 won per annum of 275,000 won per annum of the above agreed amount, 305,000 won per annum of the above agreed amount.

2. As to the determination of Defendant A’s defense, the period of five years shall apply to the above loan claim. Of the above agreed amount, the period of five years shall apply to the above loan claim. As to KRW 200 million from July 29, 1999, the due date for payment, and as to the remainder of KRW 70 million, the above claim has expired after the lapse of five years from July 29, 1998, respectively. Thus, the Plaintiff’s assertion is with merit.

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