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(영문) 서울중앙지방법원 2015.06.02 2014가단5278073
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest thereon from October 26, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 25, 2002, our bank set 300,000,000 won to Defendant A Co., Ltd. (hereinafter in this case, Defendant A) on October 25, 2002 and lent 20% interest rate in arrears. Defendant B guaranteed the above loan obligations up to 390,000,000 won.

B. Defendant A did not repay the principal, interest and delay damages totaling KRW 333,424,658 as of the time when the Plaintiff filed the instant lawsuit.

C. On October 11, 2013, the Plaintiff acquired the aforementioned loan claim from DNA AFC, a former transferee of the said loan claim, and notified the Defendants of the transfer at that time.

[Ground for Recognition] Unsatisfy, Gap evidence 1 to 4;

2. According to the above facts of recognition, the Defendants are jointly and severally liable for payment of KRW 100,000,000 as well as damages for delay calculated at the rate of 20% per annum from October 26, 2014 to the day of full payment, which is the day following the delivery of a copy of the instant complaint, as requested by the Plaintiff, to the day of full payment.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.

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