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(영문) 서울중앙지방법원 2017.05.16 2016가합544431
양수금
Text

1. Defendant A and B are jointly and severally liable to the Plaintiff for 448,500,000 won, and Defendant C and the above Defendants jointly and severally liable for 266,500 won out of the said amount.

Reasons

1. The loan amount of KRW 135,00,000 on November 17, 2006, the amount of loan for the loan of KRW 135,00,000 on the loan date for the loan of KRW 175,50,000 on the loan of KRW 2 general loan of KRW 175,50,000 on March 7, 2007, Defendant A A who was KRW 130,000,000 on the loan of KRW 3 general loan of KRW 40,000 on September 27, 2007, Defendant A who was 52,00,000,000 on KRW 4 general loan of KRW 91,70,000 on October 31, 2005, KRW 34,005,000 on the total amount of KRW 34,005,000 on the loan of KRW 30,000.

A. The New Bank Co., Ltd. (hereinafter “New Bank”) lent a total of KRW 345,00,000 to D Co., Ltd. (hereinafter “D”) with the following contents (hereinafter “each of the loans” in accordance with the sequence below, and collectively referred to as “each of the loans in this case”) and the Defendants jointly and severally guaranteed each of the above loans.

B. In accordance with the Asset-Backed Securitization Act, a new bank entered into an agreement with a joint asset management company on May 25, 2010 and an asset acquisition agreement with the Plaintiff and a joint asset management company on June 24, 2010, respectively. Accordingly, the Plaintiff acquired all rights, obligations, and status under the agreement, including each of the instant loans against D with the new bank.

C. The Plaintiff sent notice of the assignment of claims by content-certified mail two times in accordance with Article 7 of the Asset-Backed Securitization Act, and on July 13, 2010, publicly announced the assignment of claims in two daily newspapers mainly circulated in D’s domicile, thereby satisfying the requirements for setting up against the assignment of claims.

The overdue loan balance of 135,00,00 won per annum 19% per annum, 248,707 won per annum 121,222,602 won per annum 257,471,309 won per annum 193,546,717 won per annum 323,781,522 won per annum 193,546,717 won per annum 323,781,522 won per annum 193,51 won per annum 21,750,646 won per annum 55,831,219,470,000 won per annum 140,505,646 won per annum 15,205,204,6146,47,529,529 won per annum 470,47,94,297 won, 2000 won.

D. As of July 15, 2016, the balance of debentures of each of the instant loans is as follows.

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