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Reasons
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(영문) 서울중앙지방법원 2016.01.29 2015가합525648
양수금 등 청구의 소
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1. The defendant A and the defendant B shall be jointly and severally, and the defendant B shall not exceed KRW 900,000,000, and the plaintiff shall be entitled to KRW 807,695.

Reasons

1. Circumstances leading to the dispute of this case;

A. The Industrial Bank of Korea concluded a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”), as listed below, and lent the following money to the Defendant Company:

Defendant B jointly and severally guaranteed the obligation owed by the Defendant Company to the Industrial Bank of Korea under each credit transaction agreement, up to KRW 240,000,000 for the credit extended on July 31, 2012, up to KRW 60,000 for the credit extended on August 30, 2013, up to KRW 60,000 for the credit extended on July 10, 2014, up to KRW 60,000 for the credit extended by the Defendant Company to the Industrial Bank of Korea.

7% per annum less than 3.70% per annum on July 26, 2013 of the Trade Bills of Exchange and Promissory Notes, the interest rate of which is delayed due to the expiration date of the original credit, on July 31, 2012; 4.0937% per annum on the short-term loan on August 30, 2014; 7% per annum of less than 4.0937% per annum on the short-term loan on August 30, 2014; 8% per annum on July 50, 2014; 00,000,000, 8% per annum on July 10, 2014; 8% per annum on July 30, 2014; 4.818% per annum on July 3, 1017.

B. On August 12, 2014, Defendant Company lost the benefit of time to the Bank.

On December 29, 2014, the Plaintiff, instead of taking over the claims described in paragraph (a) from the Industrial Bank of Korea, took over the said claims again from the Korea Industrial Bank of Korea.

On December 30, 2014 and December 31, 2014, the Plaintiff notified the Defendant Company of the assignment of claims.

C. As of April 10, 2015, the principal and interest of loans that Defendant Company shall pay to the Plaintiff pursuant to each of the above credit transaction agreements are indicated below.

On October 31, 2015, April 11, 2015, 201,57, 32,56, 30,55,630,60,60,60,60,60,60,000,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,0,00,0,0,00,0,00,05,0,0,00,00,00,00,00,00,00,000,00,000,00,000,00,00,00,03636,

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