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(영문) 전주지방법원 2013.02.01 2012가합7419
양수금
Text

1. The Plaintiff:

A. Defendant A limited liability company: from October 4, 2012, as to KRW 404,529,43 and KRW 10,092,020 among them.

Reasons

1. Indication of claim;

A. The Jeonbuk Bank Co., Ltd. (hereinafter “former Northern Bank”) concluded each loan agreement and credit card transaction agreement as listed below upon the Defendant Limited Company A (hereinafter “Defendant Company”)’s application for a loan, and implemented each of the loans to the Defendant Company. Defendant B jointly and severally guaranteed each of the loans listed below Nos. 1 and 23.

B. Meanwhile, at the time of entering into the following transaction agreements, the Defendant Company approved that the credit transaction of the Nonparty Bank and the credit card holders apply the terms and conditions. The overdue interest rate of the Nonparty Bank’s credit card is 27% per annum from September 29, 2009 to that of the date.

C. On September 29, 2009, the non-party bank transferred all of the claims against the Defendants to the Plaintiff. On September 30, 2009, the non-party bank notified the Defendants of the above assignment of claims, and around that time the notification reached the Defendants.

On June 29, 2010, as of June 29, 2010, the details of obligations, such as the balance of the credit card use price borne by the Defendant Company against the Plaintiff, and each attempted interest, are as listed below.

(1) The term "standard date of loan" means a loan extended on July 31, 2007 by 100,00,000,000 27,527,269 20,000,000, 323,361, 63636 30,000,00 on October 15, 2007; 10,000; 27,783,5264 credit cards on June 29, 208; 30,00,00,000, 27,527, 5264, 200, 200, 5264, 10,000, 200, 5264, 10,000, 1020, 209, 2020, 1264, 269, 2085, 208

E. Therefore, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 404,529,443 (i.e., the balance of the loaned principal of KRW 10,092,020, plus KRW 394,437,423) and damages for delay at the rate of KRW 10,092,020, the principal of which is 27% per annum. The Defendant Company is jointly and severally liable to pay damages for delay at the rate of KRW 378,672,431 = 27,527,527,269, KRW 323,636,526, KRW 27,783,526, KRW 1,222, and KRW 3.

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