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(영문) 서울중앙지방법원 2018.11.26 2018가단5118858
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 55,660,282 as well as the interest rate from June 13, 2013 to the date of full payment.

Reasons

1. Basic facts

A. Our Bank Co., Ltd. (hereinafter “Korea Bank”) loans KRW 50,000,000 on December 16, 2008 to Defendant A Co., Ltd. (hereinafter “Defendant Company”) and KRW 360,000,000 on March 19, 209. Defendant B jointly and severally guaranteed the guarantee limit amount of each of the above loans owed by Defendant Company as KRW 480,000,000.

B. On April 29, 201, the Defendant Company lost the benefit of time due to the delinquency of each of the above principal and interest of the loan, and on April 29, 201, Korea Bank voluntarily filed an application for auction on real estate owned by the Defendant Company (U.S. District Court Ansan Branch

C. On September 29, 201, our bank transferred each of the above loans to Defendant Company to the Plaintiff, and notified the assignment of claims to Defendant Company around that time.

The Plaintiff received dividends of KRW 541,985,288 on June 12, 2013 from the above auction procedure (U.S. District Court Ansan Branch C).

As of June 12, 2013, the principal and interest of each of the above loans claims are KRW 592,464,230 (the principal principal of KRW 410,00,000 and interest KRW 34,560,943 plus interest KRW 147,903,287). The legal procedure expenses incurred in provisional payment are KRW 5,181,340, and the agreed interest rate for delay (not less than three months) is KRW 19% per annum.

[Ground of recognition] Each entry (including paper numbers) of Gap evidence Nos. 1 through 13, the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, 541,985,288 won that the Plaintiff received as dividends is first appropriated for the provisional payment, the attempted interest, and the overdue interest, and the remainder of 354,339,718 won (i.e., 541,985,288 won - 5,181,340 won - 5,181,340 won - 34,560,943 - 147,903,287 won) was appropriated for the principal amount of 410,000,000 won, and as of June 12, 2013, the principal amounts to 55,60,282 won remain.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff 5,60,282 won and damages for delay calculated at the rate of 19% per annum, which is the agreed damages for delay, from June 13, 2013 to the date of full payment, from June 13, 2013, respectively.

The plaintiff is about the real estate owned by the defendant company, a real estate sold by the above auction.

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