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(영문) 서울중앙지방법원 2017.05.30 2017가합6851
양수금 등
Text

1. The Plaintiff:

A. Defendant A Co., Ltd., and KRW 415,742,690, as well as its full payment from October 27, 2016.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a payment guarantee agreement with the National Bank of Korea (hereinafter “National Bank”) on November 16, 2009: (a) the loan amount of KRW 1,00,000,000 on November 13, 201; (b) the repayment period of the loan amount of KRW 21% per annum; (c) the loan contract for corporate ordinary driving capital at the rate of delay 21% per annum; (d) the loan amount of KRW 200,00,000 on October 29, 2009; (e) the extension period of the loan amount of KRW 200,000 on October 28, 2010; and (e) the delay rate of the loan amount of KRW 17%.

B. The National Bank entered into a comprehensive collateral guarantee agreement with Defendant B, and the Defendant Company’s above general driving loan agreement with the maximum amount of KRW 1,300,000,00 with respect to the obligations, etc. under the above general driving loan agreement, and entered into a comprehensive collateral guarantee agreement with Defendant B, C, and the Defendant Company with the maximum amount of KRW 260,00,000 with respect to the obligations, etc. under the above payment guarantee agreement.

C. Since then, Defendant Company lost the benefit of time by failing to pay the interest, etc. on the loans to the National Bank on time.

On December 16, 201, pursuant to the Asset-Backed Securitization Act, a national bank transferred the claims for loans to the Defendants to the Plaintiff. On December 19 and December 201, 201, it notified the Defendant Company of the said assignment of claims.

E. On March 26, 2013, the Plaintiff received dividends of KRW 579,549,367 in the case of voluntary auction of real estate D’s real estate from the Seoul Southern District Court D’s Seoul Southern District Court on the part of the Defendant Company.

F. As of October 26, 2016, as of October 26, 2016, the details of the principal and interest of the Plaintiff’s loans to Defendant Company are as follows.

The loan of 485,915,634 won, 366,142,327 won, 852,057,961 won, 500,925,000 won, 377,546,486,471,486 won, and 200,000 won, 122,027,398,398,398 won, total of 322,027,398,398 won, 186,840,634 won, 865,716,211 won, 2,052,56,845 won, and 2,000 won, 377,57,961 won, and 961 won, which are the principal of the loan of the loan, shall be included in the loans of 20,000 won, and there shall be no dispute.

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