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(영문) 서울중앙지방법원 2017.08.23 2016가합29703
양수금
Text

1. The Plaintiff:

A. Defendant A limited liability company shall not exceed 146,950,000,000 won and 37,206 among them within the scope of KRW 146,90,652.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each statement of Gap evidence Nos. 1 through 5 (including branch numbers).

1) Flad Mutual Savings Banks (hereinafter referred to as “ Flad Mutual Savings Banks”)

E Co., Ltd. (hereinafter referred to as “E”)

B) Between ① on December 28, 2006, the credit limit amount is KRW 1,500,000,000, the expiration date of the credit period is December 29, 201, the interest rate is 10% per annum, the overdue interest rate is 21% per annum, and the overdue interest rate is 21% per annum (hereinafter “instant first loan”).

(2) The credit limit amount is KRW 2,00,000,000 in October 1, 2008; the expiration date of the credit period is July 31, 2013; interest rate is 5.5% per annum; interest rate is 20% per annum; and compensation rate for delay is set at 20% per annum (hereinafter “instant second loan”).

(2) On October 1, 2008, Defendant A limited liability company, D, F, and G jointly and severally guaranteed each credit limit of KRW 2,600,000 for E’s obligations based on the instant loan No. 1 on December 28, 2006, within the limit of KRW 1,950,000 for the guarantee limit of KRW 1,950,000 for E’s obligations based on the instant loan No. 2.2.

3) Thereafter, on June 24, 2011, SPF Co., Ltd. assumed the obligation based on the instant first and second loans against E-DF mutual savings banks. 4) On December 28, 2011, SPF mutual savings banks transferred each of the instant claims based on the instant first and second loans and the joint and several guarantee agreement to the Plaintiff according to the Financial Services Commission’s decision on the transfer of contracts in accordance with Article 14(2) of the Act on the Structural Improvement of the Financial Industry, and publicly notified the transfer of the said claims around that time.

5 The obligation of loans under the instant loan No. 1 remains in KRW 146,90,652 as of June 3, 2012, including the principal amount of KRW 37,206,721, interest of KRW 109,693,931, and interest of KRW 146,90,652. The obligation of loans under the instant loan No. 2 based on the instant loan No. 2 shall be the principal amount as of July 30, 2013.

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