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(영문) 서울중앙지방법원 2016.09.07 2016가단5032202
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 24,927,929 and 20% per annum from December 10, 2005 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Industrial Bank of Korea established a guarantee limit of KRW 496,00,000 on February 10, 200 to September 9, 200 [the guarantee limit of KRW 120,000 on February 10, 200 (the guarantee limit of KRW 22,00,000), KRW 70,000 on March 7, 200 (the guarantee limit of KRW 84,00,000), KRW 216,00,000 on March 31, 200 (the guarantee limit of KRW 39,00,000), and each of the above loans of KRW 60,000 on September 60, 200 (the guarantee limit of KRW 70,700 on September 7, 200), respectively.

B. A claim against the Defendant Company was finally acquired by the Plaintiff following the transfer process as follows.

On October 28, 2011, 2004, non-1 Bank of Korea KBS Co., Ltd. (hereinafter referred to as the "KBS") No. 1 Bank of Korea (hereinafter referred to as the "FF") No. 1 Bank of Korea (hereinafter referred to as the "Seoul") on the 2004. 07. 07. 07. 06. 1. 4. 201. 4. 201

On February 16, 2006, when filing a lawsuit against the Defendants under the Jeonju District Court 2005Kahap2068, the Defendant Company was rendered a favorable judgment on February 16, 2006. As of February 12, 2016, the Defendant Company’s outstanding loans amounting to the principal amounting to KRW 88,403,470, overdue interest amounting to KRW 180,052,437, totaling KRW 268,45,907.

Among them, the remaining principal of the loan of March 7, 200 is KRW 24,927,929, and the order of the decision on this part is that "the defendants jointly and severally pay to the plaintiff the amount calculated at the rate of 20% per annum from December 10, 2005 to the date of full payment, but the defendant B shall pay the above amount within the limit of KRW 84,927,929 to the plaintiff."

[Reasons for Recognition] Evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. The plaintiff filed the lawsuit in this case for the interruption of extinctive prescription and sought some of the claims to pay the remaining principal and interest of the loan on March 7, 200.

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