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(영문) 청주지방법원 2013.09.12 2012가합4067
양수금
Text

1. Defendant A Co., Ltd., Defendant C, and Defendant D jointly and severally with the Plaintiff KRW 2,469,480,467 and one of them 1,086.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a loan agreement with the new bank (hereinafter “new bank”) as described in Table 1 below (hereinafter “each of the instant loan agreements,” and the Defendant B jointly and severally guaranteed each of the loan agreements by the sequences set forth in Table 1 below.

on January 13, 2006, the date of repayment of the credit amount of the loan under the section 1 dated 13, 2006, the date of the agreement No. 1. 5060, Jan. 31, 2006, the ordinary loan 7.7, Jan. 30, 2008, Jan. 31, 2006, the general loan 30, Jan. 30, 2006

Of each of the instant loan agreements, Defendant C and Defendant D were added to May 21, 2007 with respect to the instant loan agreement, and on May 14, 2007 with respect to the remainder of the loan agreement, as joint and several sureties, respectively, and as to the fourth loan agreement, Defendant B was excluded from the joint and several sureties.

C. On March 26, 2009, a new bank transferred all claims related to each of the instant loan agreements to the Plaintiff, and notified Defendant A company, the primary debtor, of the said transfer on April 8, 2009.

Under each of the instant loan agreements, the remaining principal, interest, and delay damages as of June 6, 2012 (hereinafter referred to as “damage, etc.”) are as listed below:

5. 5 123,67,525 123,67,525 123,677,525 25 506,653,731,7305,731,05,986,889 307,805,215 73,805,273,805,805,805,805,805, 2805, 205, 205, 207, 215, 107, 357, 687, 685, 298, 284, 1968, 206, 306, 306, 705, 805, 205, 215, 107, 3786, 298, 1686, 1968, 1968

E. Upon entering into each of the instant loan agreements, the new bank agreed to follow the rate of delay damages determined and publicly notified by the new bank, and on June 6, 2012, the current rate of delay damages is 19% per annum.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 10, and the purport of the whole pleadings.

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