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(영문) 서울중앙지방법원 2019.01.29 2018가단5154274
양수금
Text

1. The Plaintiff:

A. Defendant D, E, and F are jointly and severally and severally liable for KRW 90,000,000 and the amount shall be from January 11, 1999.

Reasons

1. Basic facts

A. The loan 1) K Co., Ltd. (hereinafter “K”)

Defendant D Co., Ltd. (hereinafter “Defendant D”) on December 6, 1991

(1) extended 100,000,000 Won to 100,000 (hereinafter “the first loan”)

Defendant E, F and Network J and L (hereinafter “Defendant Joint and Several sureties”)

(2) On February 12, 1992, K has lent KRW 500,00,000 to Defendant D (hereinafter “Secondary loan”), and Defendant joint and several liability is limited to KRW 700,00,00,000, the loan limit was KRW 1,080,000, and the guarantee limit was increased to KRW 1,512,00,000.

3) On February 14, 1992, K loaned KRW 1,000,000,000 to Defendant D (hereinafter “third loan”) (hereinafter “third loan”).

(4) On February 12, 1992, K extended KRW 500,000,000 to Defendant D (hereinafter “the fourth loan”) and Defendant joint and several surety, etc. jointly and severally guaranteed the above loan obligation to K up to KRW 700,000,000.

5) On March 15, 1992, K loaned KRW 390,000,000 to Defendant D (hereinafter “the fifth loan”).

(6) On the other hand, the agreed interest rate for delay after January 11, 1999 on each of the loans of this case is 19% per annum.

(b) The same year for Defendant D who has lost the benefit of time due to the repayment of each of the above principal and interest of loans, and for the first loan, the obligations of March 27, 1992, for the second, fourth, and fifth loans;

4.3. The third loan obligations, while the third loan obligations are the same year;

5. 15. The benefit of each time period was lost.

C. The assignment of claims to the Korea Asset Management Corporation on September 17, 1999, and the Korea Asset Management Corporation shall, in sequence, claim each of the instant loans to the Plaintiff on September 18, 2012.

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