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(영문) 서울중앙지방법원 2018.08.21 2018가합503786
양수금
Text

1. The Plaintiff:

A. As to KRW 947,226,306 and KRW 246,155,713 among them, Defendant A Co., Ltd. shall start from November 3, 2017.

Reasons

1. Indication of claim;

A. On July 5, 2002, Han Bank Co., Ltd. (hereinafter “I Bank”) lent KRW 300,000,000 to Defendant A Co., Ltd. at an interest rate of KRW 4.25% per annum, and the due date of repayment was set on July 5, 2003. Defendant B guaranteed the above obligation of Defendant A by setting the guarantee limit amount of KRW 390,000,000 as the guarantee limit amount.

B. On February 28, 2007, the Promotion Savings Bank Co., Ltd. (the former mutual savings bank, a mutual savings bank, a mutual savings bank, and a promotion savings bank (hereinafter “Promotion Savings Bank”) acquired all the remaining principal and interest or delayed payment claims among the above loans against Defendant A from the Han Bank, and the Han Bank notified the Defendants of the above assignment of claims on June 14, 2007.

C. On May 20, 2013, the Promotion Savings Bank was declared bankrupt by the Seoul Central District Court (Seoul Central District Court 2013Hahap64), and on the same day, the Plaintiff was appointed as the trustee in bankruptcy of the Promotion Savings Bank.

The Plaintiff, the trustee in bankruptcy of the promotion savings bank in receipt of the loan claims, and ① Defendant A, as the principal debtor of the above loan contract, is obligated to pay KRW 947,226,306 (i.e., the remaining principal or delay damages as of November 2, 2017, plus KRW 701,070,593) and KRW 246,15,713 of the remaining principal and interest as of November 2, 2017, calculated at the rate of 15% per annum from November 3, 2017 to the day of full payment. ② Defendant B, as a joint and several surety, is jointly and severally liable with Defendant A, to pay KRW 390,00,000, which is its guarantee limit.

2. Article 208 (3) 3 of the Civil Procedure Act:

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