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(영문) 서울남부지방법원 2016.01.29 2015가합104085
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd, B religious organization C D, E, E, F, G, H, I, J, K, L, M, N, andO jointly and severally 3,381.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Teachers Han Savings Bank Co., Ltd. (hereinafter “School Teachers’ Savings Bank”) and “School Teachers’ Savings Bank”

Defendant A Co., Ltd. (hereinafter “Defendant A”) on February 11, 2010

A) A loan of KRW 5,00,000 was made at an interest rate of 11.5% and damages for delay rate of KRW 25% (hereinafter “instant loan agreement”). The loan agreement is “the instant loan agreement” and the loan claim and loan obligation arising therefrom are “the instant loan claim and the instant loan obligation” and “the instant loan obligation”.

In this case, the disposition No. 1

A. The Defendants mentioned in paragraph (1) and the Non-Party Network S jointly and severally guaranteed Defendant A’s debt of the instant loan.

2. Defendant A agreed to pay the principal and interest of a certain amount every month with teachers’ or Lone Savings Bank at the time of the conclusion of the instant loan agreement to the teachers’ or Lone Savings Bank in installments, and provided that if the amount is not paid on the fixed date, the interest of the entire obligation of the instant loan would be lost.

However, Disposition 1-

A. The Defendants mentioned in paragraph (1) and the Non-Party Network S delayed the payment of the principal and interest payable to the Teachers' Bank of Korea.

3) On June 30, 201, a faculty member or Lone Savings Bank shall be set up with the Securities and Exchange Asset (hereinafter referred to as “Dong Securities and Exchange Asset”) on June 30, 201.

The loan claim of this case was transferred to the Corporation at that time, and this decision No. 1 is delivered.

A. The Defendants mentioned in paragraph (1) and the non-party S were notified of the assignment of claims to the same effect.

4) On December 23, 2014, the Plaintiff and the Co., Ltd. (hereinafter “Co., Ltd.”) for a loan for asset management (hereinafter “Co., Ltd.”) shall be subject to a loan for asset management.

The loan claims of this case were transferred to the Corporation at the rate of 2,977/3,247 and 270/3,247, respectively, and around that time, the decision No. 1

A. The Defendants mentioned in paragraph (1) and the non-party S were notified of the assignment of claims to the same effect.

5) At the time of transfer of the claim for the instant loan to the Plaintiff and Saturdays asset management loan, Nonparty S was deceased, 688,180,391, the remaining amount of the said claim was KRW 368,180,391.

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