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(영문) 서울중앙지방법원 2015.04.24 2014가합508936
양수금
Text

1. The Plaintiff:

A. The defendant A, USD 123,00, USD 129,709,655, among the currency of the United States of America (hereinafter the omission), and 60.

Reasons

1. Indication of claim;

A. A. Around May 18, 1996, Defendant A received a loan from the Peace Bank under the joint and several guarantee of Defendant B and Defendant D by means of a purchase out exchange loan transaction agreement, and (2) around September 11, 1996, Defendant C obtained a loan from the Peace Bank through a purchase out exchange loan transaction agreement under the joint and several guarantee of Defendant C; and (3) on April 19, 1996, Defendant B borrowed a total of KRW 19,232,000 on five occasions under the joint and several guarantee of Defendant B, as a discount agreement for commercial bills from the Peace Bank.

In each of the above loans, Defendant A approved that the Framework Terms and Conditions for Credit Transactions apply to delay damages, and agreed to pay delay damages in accordance with the interest rate set by the Peace Bank.

After that, Defendant A did not pay KRW 123,00 and KRW 128,865,639 as indicated below, and delay damages for each of them, and the balance of loans extended to the due date of loan of a financial institution with fixed interest and interest accrued on May 18, 1996, USD 60,500 for purchase other than the Peace Bank; USD 62,500 for D purchase other than Sep. 11, 1996; USD 123,000 for the aggregate of USD 123,000,000 for USD 13,000 for 196.4,00 for the Commercial Bills of the Peace Bank, USD 1,97; KRW 1,96,00 for KRW 3,00 for KRW 13,00 for KRW 4,00 for 9,00 for the Commercial Bills of Korea on April 19, 196; KRW 193,94,00 for commercial bill;

B. On December 29, 1998, the Peace Bank transferred to the Plaintiff the claim related to the above purchase foreign exchange loan transaction agreement against the Defendants, and on September 29, 1998, transferred the claim related to the above commercial bill discount agreement against the Defendants.

C. The Plaintiff filed a lawsuit against the Defendants against the Incheon District Court 2003da76260, which sought the payment of each of the above claims received as above, and the above court on April 2, 2004:

A. Defendant A is named as US dollars or less.

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