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(영문) 서울중앙지방법원 2017.05.11 2016가합15780
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 5,569,951,326 and KRW 2,052,306,168.

Reasons

1. Facts of recognition;

A. On July 24, 2006, a mutual savings bank (hereinafter “former Mutual Savings Bank”) concluded a credit transaction agreement with Defendant A limited liability company (a limited liability company G prior to the change; hereinafter “Defendant A”), setting the credit subject as general loan, credit amount of KRW 5.4 billion, the expiration date of the credit at the rate of 11.5% per annum, and damages for delay at the rate of 19% per annum, and then loans KRW 5.4 billion to Defendant A (hereinafter “the instant loan”), and the same day, Defendant B, C, D, E, and F as joint and several obligations against Defendant A’s mutual savings bank on the preceding day.

B. On April 7, 2010, mutual savings banks transferred claims for the instant loans to the Plaintiff, and notified the Defendants of the transfer of claims on June 14, 2010.

C. The balance of the instant loan as of April 10, 2013 is KRW 5,569,951,326, the sum of principal KRW 2,052,306,168 and interest KRW 3,517,645,158.

[Ground of recognition] The plaintiff, defendant A, and F: Confession (Article 150 (3) and (1) of the Civil Procedure Act) between the plaintiff and defendant B, C, D, and E: The contents of evidence No. 1, No. 2-1 through No. 7, and No. 3, and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 5,569,951,326, the principal of KRW 2,052,306,168, the agreed interest rate of KRW 19% per annum from April 11, 2013 to the date of full payment.

3. Thus, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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