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(영문) 광주지방법원 2016.11.25 2016가합54393
양수금
Text

1. The Defendants are jointly and severally liable to the extent of KRW 382,200,00,000 for Defendant B and the Plaintiff KRW 1,008,251,475.

Reasons

1. Basic facts

A. On May 20, 197, Defendant A borrowed 294,000,000 won from the Choung Bank Co., Ltd. (after that, the trade name was changed to the Korea Bank; hereinafter referred to as the “Korea Bank”), under the condition that it would make installment payments by 10 times until May 15, 2005 (hereinafter referred to as the “instant loan”); Defendant B, on the same day, jointly and severally guaranteed the Defendant A’s above loan obligations within the limit of 382,20,000 won.

B. On October 26, 2001, the Choung Bank transferred the instant loan claim to the Sabyaviaviaviaviel Preamble, and on the same day notified the Defendant A of the assignment of the said claim, and the notification reached the Defendant A around that time.

C. On May 12, 2010, Hyundai Switzerland Mutual Savings Bank (hereinafter “Nice Switzerland Savings Bank”) transferred the instant loan claims to Defendant A on May 12, 2010, and on the same day notified Defendant A of the said assignment of claims. The notification reached Defendant A around that time.

The Mosp Savings Bank was merged with SB Savings Bank on October 31, 2014 after its trade name was changed to SB Savings Bank.

On February 11, 2016, the SB Savings Bank transferred the instant loan claims to the Plaintiff, notified Defendant A of the assignment of claims on the same day, and the notification reached Defendant A around that time.

E. As of May 4, 2016, the principal of the instant loan is KRW 293,911,230, and accrued interest and delay damages are KRW 714,340,245.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant A and the defendant B shall be jointly and severally, but the defendant B shall not exceed 382,200,000 won, and the plaintiff shall be entitled to this case.

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