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(영문) 서울중앙지방법원 2015.01.29 2014가합511321
양수금
Text

1. The plaintiff's successor: A.

Defendant A shall pay for KRW 11,464,509,151 and for KRW 6,400,000,000.

Reasons

1. The following facts of recognition may be found in each entry in Gap evidence Nos. 1 to 18 (including each number), by integrating the purpose of the entire pleadings:

On May 30, 2007, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a credit transaction agreement with the Savings Bank at the rate of KRW 6,400,000,000 for general loan of credit subjects, credit amount of KRW 6,400,000,000, October 24, 2007 (which was changed to April 24, 2010), interest rate of KRW 10,000 per annum, and interest rate of KRW 20,00 per annum for delay payment, and jointly and severally guaranteed each of Defendant B Co., Ltd., C, C, D, and E with the guarantee limit of KRW 8,320,00,00 for its obligations to Savings Bank as one of the Defendant A.

B. On June 30, 2010, the Savings Bank transferred the principal and interest of the loan to the Plaintiff, and at that time notified the Defendants of the transfer of the loan.

C. As of February 16, 2014, the amount of the principal and interest of the Defendants as of February 16, 2014 is KRW 11,464,509,151 (= principal principal of KRW 6,400,00,000) and KRW 5,064,509,151).

Plaintiff

On July 18, 2014, the succeeding intervenor (hereinafter referred to as the “Succession Intervenor”) succeeded to both the Plaintiff’s rights and obligations, and the right in the lawsuit, upon acquiring the Plaintiff’s loan claims against the Defendants from the Plaintiff.

2. Accordingly, Defendant A is obligated to pay to the succeeding intervenor the above KRW 11,464,509,151 and the principal of KRW 6,400,00 among them at the rate of 20% per annum from February 17, 2014 on the following day of the above base date to the date of full payment. Defendant B Co., Ltd, C, D, and E are jointly and severally with Defendant A for each guarantee limit of KRW 8,320,00,000 among the above amount, and for this, the following day after the last delivery of a copy of the complaint of this case containing a declaration of intent to claim the performance of the guaranteed obligation to the above Defendants, as the Plaintiff seeks from October 1, 2014 to January 29, 2015.

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