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(영문) 서울중앙지방법원 2015.07.03 2014가합41181
양수금
Text

1. The Defendants jointly and severally pay KRW 929,360,546 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

A. On April 24, 2008, Defendant A approved that the basic terms and conditions of bank credit transactions apply to the lending transaction with the National Bank of Korea (hereinafter “National Bank”), and promised to provide the terms and conditions of the lending transaction agreement prepared by the National Bank, Defendant A borrowed each of the following amounts (hereinafter “each of the lending agreements of this case”) (the “each of the lending agreements of this case” and the “each of the lending claims of this case” or “each of the lending obligations of this case”) and Defendant B, upon the above lending, set the guarantee limit for each of the lending obligations of Defendant A to the National Bank of Korea as follows, and jointly and severally guaranteed (hereinafter “joint guarantee agreement of this case”).

The amount of loan (limit) for the loan subject shall be 8% per annum where the agreement of 6.42% at the time of the loan from April 24, 2008 to April 24, 201 (MB 0.5%) the change rate of 3 billion won for general household loan (MB 0.5%) which is a joint guarantor with the agreed interest rate for the loan period, is adjusted within three months from the date of delinquency interest rate, 9% per annum where the interest on overdue loan is adjusted within six months, and 10% per annum where the amount is adjusted in excess of six months.

[Additional Agreement (Evidence No. 4 and 5) . Article 1(3)1 of the Additional Agreement (Evidence No. 4 and 5). Nonparty C 3.9 billion won for Defendant B 3.9 billion won for a loan of KRW 1.5 billion for general household loan of KRW 1.5 billion from April 24, 2008 to April 24, 2009 (MB 0.5%) an agreement of 7.49% at the time of loan of KRW 7.49% for a loan of KRW 1.9 billion for late interest rate of KRW 1.95 billion for Nonparty C 1.95 billion for late interest rate of KRW 1.95 billion

B. Defendant A did not pay interest on each of the instant loans and lost the interest on each of the instant loans from December 19, 2008.

C. On December 29, 2009, the Plaintiff was transferred from the National Bank to the Defendant each of the instant loans and rights incidental thereto. On December 31, 2009, the National Bank sent the notice of assignment of claims to the Defendant A by content-certified mail, and at that time the content-certified mail is around that time.

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