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(영문) 서울중앙지방법원 2015.04.10 2014가합561456
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff’s Intervenor for KRW 6,176,734,101 and KRW 2,485,29,273 among them.

Reasons

1. Indication of claim;

A. On January 19, 2006, Defendant Lidong Co., Ltd. entered into a credit transaction agreement with Niuriuri Mutual Savings Bank (hereinafter “Niuri Mutual Savings Bank”) with a credit limit of KRW 2,500,000,000 per annum, interest rate of KRW 9% per annum, interest rate of KRW 25% per annum, and interest rate of KRW 2,500,000 per annum, and jointly and severally guaranteed the above loan obligations by setting the guarantee limit amount of the same day to KRW 3,250,000.

B. On June 30, 2010, the non-party bank transferred all of the above loan claims against the Defendants to the Plaintiff (ex officio), and notified the Defendants of the transfer of the above loan claims on July 26, 2010. On September 26, 2014, the Plaintiff (ex officio) transferred all of the above loan claims to the Intervenor succeeding to the Plaintiff, and notified the Defendants of the above transfer of the above loan claims around that time.

C. As of August 19, 2014, the principal and interest of the above loan claims to be repaid by the Defendants are KRW 6,176,734,101 in total (i.e., principal amount 2,485,299,273 won up to August 19, 2014).

Therefore, the Defendants jointly and severally pay to the Plaintiff’s succeeding Intervenor the amount of KRW 6,176,734,101 as well as the amount of KRW 2,485,29,273 as the principal and interest of KRW 25% per annum from August 20, 2014 to the date of full payment due from August 20, 2014, the agreed damages for delay shall be paid to the Plaintiff’s succeeding Intervenor at the rate of KRW 25% per annum, which is the interest rate for delay payment from August 20, 2014, and Defendant Construction Co., Ltd. is obligated to pay the said

2. Articles 257 (1) and 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

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