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(영문) 서울동부지방법원 2015.04.21 2014가합4949
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) 455,778,887 won and 343,061,118 won among them, shall be from March 13, 2015.

Reasons

1. Indication of claim;

A. On September 4, 2008, the National Bank Co., Ltd. loaned KRW 500,000,000 to Defendant A Co., Ltd. (hereinafter “Defendant A”) on August 29, 2009 as due date, and Defendant B guaranteed the above loan obligations owed by Defendant A to the National Bank to Defendant A Co., Ltd. within the limit of KRW 650,000,000.

B. On December 28, 2009, pursuant to the Asset-Backed Securitization Act, the National Bank Co., Ltd. transferred the above loans to Defendant A and announced the transfer of the above loans pursuant to Article 7 of the said Act. On February 17, 2011, a limited liability company specialized in the KF-backed Securitization notified the Plaintiff of the transfer of the above loans on April 11, 201, and then the said notification reached the Defendant A around that time.

C. As of February 17, 2011, the principal and interest of the above loan claims against Defendant A remains 45,778,877 won in total of KRW 343,061,118, interest 112,717,769.

Therefore, Defendant A is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from March 13, 2015 to the day of full payment, which is the next day after the last delivery of the copy of the complaint of this case, to the Plaintiff. Defendant B is jointly and severally liable to pay the said money to the Plaintiff within the limit of 650,000,000 won.

2. Judgment made by confession of applicable provisions of Acts (Articles 208 (3) and 150 (3) of the Civil Procedure Act);

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