logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.01.11 2012가합58307
양수금
Text

1. The defendant A Co., Ltd. shall pay the amount of KRW 987,95,311 and the amount of KRW 500,000 among them, from September 24, 201 to the date of full payment.

Reasons

1. Indication of claim;

A. On May 17, 2004, Defendant A Co., Ltd. (hereinafter the Defendant A) borrowed KRW 500,000,000 from the Shin Savings Bank (former Mutual Savings Bank, Radin Savings Bank, hereinafter the “New Savings Bank”) at the maturity of November 17, 2004, at the rate of 14% per annum, and at the rate of delay damages, at 25% per annum. Defendant B, C, and D jointly and severally guaranteed the Defendant A’s debt, etc. arising from the current and future credit transaction with the new Savings Bank (general guarantee) within the limit of KRW 650,00,00.

B. On December 22, 2011, the Plaintiff entered into an asset transfer agreement with the New Savings Bank and acquired the above loan and guarantee claim against the Defendants. A new Savings Bank notified Defendant A and B of the above assignment of claim on January 16, 2012, and Defendant C and D around March 5, 2012, respectively.

C. The remaining principal and interest of Defendant A is KRW 1,499,33,455 as of July 10, 2012 (= Principal KRW 999,333,455, including interest of KRW 500,000,000).

The Plaintiff filed a claim with Defendant A for payment of damages for delay of KRW 50,00,00 of the principal and interest of the remainder of the principal and interest of KRW 987,95,311, and the principal and interest of KRW 500,000,00 of the principal and interest of the above loan. The Plaintiff filed a claim with Defendant B, C, and D for payment of the said amount jointly and severally with Defendant A within the limit of KRW 650,

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

arrow