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(영문) 서울중앙지방법원 2015.01.29 2014가합553875
양수금
Text

1. The Plaintiff:

A. As to KRW 475,044,402 and KRW 103,949,873 among them, Defendant A shall be from July 10, 2014 to December 23, 2014.

Reasons

Description of Claim

Commercial Bank Co., Ltd. loaned loans to Defendant A as listed below, and Defendant B and C set the guarantee limit of 260 million won as the guarantee limit of loans set forth in No. 1 of the following table:

On September 29, 1998, the Commercial Bank Co., Ltd. transferred the above loan claims to the Plaintiff, and notified the Defendants of the assignment of claims, and the above notification reached the Defendants around that time.

Since then, the plaintiff filed a lawsuit against the defendants (Seoul Central District Court 2004Gahap6295) to file a claim for the amount of money (Seoul Central District Court 2004Gahap6295) and was sentenced on October 8, 2004 to "182,41,089 won and 103,949,873 won among them, 199% per annum from September 18, 1999 to August 17, 2004; 20% per annum from the next day to the day of full payment; and 30% per annum from the next day to the day of full payment." The above judgment became final and conclusive on November 26, 2004.

The amount of obligations of the above loans as of July 9, 2014 is as listed in the following table:

Therefore, the Plaintiff filed the instant lawsuit for the interruption of the extinctive prescription period for the above loan claims, and the Defendant A is obligated to pay KRW 8,721,059, respectively, out of the above loan claims, KRW 475,04,402, and the principal amount of KRW 103,949,873.

Defendant A and B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant C: Confession (Article 208(3)2 and the main sentence of Article 150(3) of the Civil Procedure Act)

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