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(영문) 수원지방법원 2014.12.04 2013나32311
양수금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Facts of recognition;

A. Defendant A entered into a loan transaction agreement with each financial institution as indicated in Table 1, and Defendant B jointly and severally guaranteed Defendant A’s loan obligations against Defendant A’s Medical Capital as listed in Table 1 No. 2.

C. 5% per annum 15% per annum per 12 months of Mar. 13, 2001, Mar. 13, 2001, Nov. 13, 2001, Nov. 19, 2001, Nov. 14, 2000, Nov. 15, 2001, Nov. 2, 2000, Nov. 3, 2000, Nov. 2, 2099, 730, Jun. 7, 2001, Nov. 2, 2001, Nov. 1, 2005, Nov. 1, 2005, Nov. 4, 2001, Nov. 4, 2001.

B. The creditor financial institutions listed in the table 1 Nos. 2 and 5 transferred each of the above loans to the Korea Asset Management Corporation from March 2003 to June, 2003, and around that time notified Defendant A of the assignment of loans.

C. On May 13, 2005, the Korea Asset Management Corporation transferred each of the loans listed in Table 1 Nos. 2 and 5 as the date of transferring the credit to the Plaintiff on March 31, 2005, respectively. On June 16, 2005, the Plaintiff notified Defendant A of the fact of transferring the credit in accordance with Article 7(1) of the Asset-Backed Securitization Act.

The amount of the principal of each loan set forth in the table 1 Nos. 2 through 5 and the amount of damages for delay calculated by the ratio of 17% per annum as determined by the Plaintiff from April 1, 2005 to May 31, 2012 (2,618 days) sought by the Plaintiff from April 1, 2005, the next day following the standards for transferring the above credit shall be the same as the

Serial 2 Treatment Capitals of financial institutions: (a) 2,00,000 won for delay delay (2) 6,096,712 won for 3,00 won for 2,99,730 won for 3,657,698 won for 4,000 won for 2,00,000 won for 2,438,684 won for 5 Samsung Capitals of 4,893,120 won for 4,893,120 won for 4,893,80 won for 5,96, 389 won for 1,2, 4 through 14, and 3-1, 2, A, 4, and 5 respectively for 4, and the purport of the entire pleadings as a whole.

2. Determination

A. According to the above facts of recognition, the defendants jointly and severally do so to the plaintiff 1,096,712 won (i.e., Table 2: 1, 2) and 5,000,000 won among them.

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