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(영문) 서울중앙지방법원 2016.10.05 2015가합560559
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd., and B, jointly and severally, KRW 500,000,000 and those related thereto.

Reasons

1. Basic facts

A. 1) AD Co., Ltd. (hereinafter “D”)

(A) Defendant A Co., Ltd. (hereinafter “A”)

The Bank entered into a credit transaction agreement with the Bank as listed below, and received each of the loans. (2) Defendant B and C jointly guaranteed each of the loans owed by Defendant D and Defendant A as listed below.

A. 200,000,000 won A. B. 2,000,000 won on May 27, 2014 ( May 28, 2015) 1 billion won A. B, 200,000 won on June 28, 2014 ( May 28, 2015), and KRW 2,00,000,00 won on July 29, 2014 B, KRW 2,00,000 on July 29, 2014, KRW 2,000,000,000 won on July 2, 2014, KRW 2,000,000,00 won for Defendant A’s Small and Medium Enterprise Loan 2,000,000 won on July 29, 2013 (Small and Medium Enterprise Loan 2,000,000 won on May 29, 2014).

(B) On December 29, 2014, the Plaintiff acquired the principal and interest of loans and joint and several sureties from the Industrial Bank of Korea to the Defendants pursuant to the credit transaction agreement, and the Industrial Bank of Korea notified the Defendants of the transfer of the credit on December 30, 201.

2) On February 24, 2016, the Plaintiff received dividends of KRW 58,194,880 as a mortgagee on loans under the credit transaction agreement as of January 27, 2012, from the auction procedure (Seoul Central District Court E) for real estate owned by Defendant C on January 27, 2012. 3) Meanwhile, the Plaintiff reduced the maximum interest rate on overdue loans from January 1, 2013 to 11% per annum.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5 through 12, and 15 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the facts of the above recognition of the establishment of the loan and the joint and several liability, the defendant.

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