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(영문) 서울중앙지방법원 2017.05.17 2017가합5155
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 500,000,000 and its therefrom from September 18, 2016 to February 3, 2017.

Reasons

1. Facts of recognition;

A. On November 2, 2009, the National Bank Co., Ltd. (hereinafter “National Bank”) entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on a loan for corporate facilities, the credit amount of KRW 4 billion, the expiration date of the credit amount of KRW 4 billion, the base rate of interest rate of KRW 3.72% on October 30, 2012, the base rate of interest rate of KRW 3.72% on a 14% per annum, the maximum amount of damages for delay, and the loan amount of KRW 4 billion on a 21% per annum (hereinafter “instant loan”). Defendant B, as the representative director of the Defendant Co., Ltd., prepared and submitted a collateral guarantee agreement with the National Bank, setting the guarantee limit amount of KRW 5.2 billion on the same day, which guarantees joint and several obligations of the instant loan.

(hereinafter referred to as “the instant letter of guarantee”). (b)

On June 29, 2010, the National Bank transferred the instant loan claims to the Plaintiff via the Joint Asset Management Company, and notified the Defendant Company of the assignment of claims by content-certified mail on June 30, 2010.

C. The Defendant Company failed to fully repay the loan of this case even after the expiration date of the credit, and the loan of this case is KRW 3,512,560,248 [the principal and interest of the loan of this case = Interest 11,126,607 won as attempted until June 29, 2010, as of September 17, 2016 [the interest rate of delay 1,298,953,438 won from June 28, 2012 to September 17, 2016].

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1, 2, 3 through 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the fact that the establishment of loans, claims, etc. is established, the Defendant Company, the principal debtor of the instant loan, shall pay to the Plaintiff the Plaintiff the principal debtor of the instant loan amounting to KRW 500 million out of KRW 3,512,560,248 of the principal and interest of loans, and KRW 14% per annum from September 18, 2016 to February 3, 2017, and the following day.

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