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(영문) 서울중앙지방법원 2015.02.12 2014나32358
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. According to the records of this case regarding the legitimacy of the appeal for late payment, the court of first instance rendered a favorable judgment on November 29, 2012 against the Defendants on the ground that the application for the payment order against Defendant A corporation (hereinafter “Defendant corporation”) was sent to Da and 4 stories in Seoul, Dongjak-gu, where the principal office of the Defendant corporation is located, and the representative director of the Defendant corporation’s company’s resident registration, and that the application for the payment order against Defendant B was sent to YY-gun, Chungcheongnam-gun, where Defendant B’s resident registration address was located, and that it was impossible to deliver the application for the payment order of this case and the notice of the date for pleading to the Defendants through service by public notice, and that the above judgment was sent to the Defendants on December 4, 2012, and the service order became effective as against the Defendants on May 23, 2014, and that the Defendants were not aware of the fact that the judgment was rendered only on May 23, 2014.

2. Basic facts

A. A. A commercial bank (around January 1, 1999, KIB merged with KIB and changed its trade name to KIB around December 31, 2001; hereinafter the same shall apply) concluded a credit transaction agreement between the defendant company on August 2, 1997 with a credit amount of KRW 500,000,000 in credit amount, general loan for corporate driving in the credit department, expiration date of the credit amount, interest rate of June 25, 2005, interest rate of KRW 6.5% per annum, and delay interest rate of KRW 18% per annum. Accordingly, the defendant B loaned the credit transaction amount of KRW 650,00,000 to KIB on August 19, 197, and the defendant B set the credit transaction agreement as KRW 650,000 in accordance with the above credit agreement with the credit amount of KRW 00,00 in accordance with the credit agreement.

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