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(영문) 서울중앙지방법원 2013.09.12 2012가합514135
양수금
Text

1. Defendant (Appointed Party), Appointed Party B, C, D, and Price Industry Development Co., Ltd. shall be jointly and severally conducted against the Plaintiff in KRW 4,670,523,048.

Reasons

1. Basic facts

A. On June 30, 2006, Nonparty 1 Co., Ltd. (formerly changed: So-called “Seoul Mutual Savings Bank (formerly changed: So-called “St Bank”) lent 2.80 million won interest to the Defendant (Appointed; hereinafter “Defendant”) at 10.5% per annum, interest rate of 25% per annum, interest rate of 25% per annum, and due date of payment on June 30, 2007. The designated parties jointly and severally guaranteed the Defendant’s obligation to the Non-Party Bank.

In addition, the non-party bank set 11% interest rate per annum, 25% per annum, and due date on June 30, 2007 to the designated parties B on the same day, and the defendant and the remaining designated parties jointly and severally guaranteed the obligations of the non-party bank B.

The non-party bank lent 427,192,843 won interest rate of 10.5% per annum, 25% per annum, and due date of payment on June 30, 2007 to the designated parties C on the same day, and the Defendant and the remaining designated parties jointly and severally guaranteed the obligation of the appointed parties C to the non-party bank.

(hereinafter referred to as the “instant loan agreement”). B.

On May 17, 2011, the non-party bank acquiring the Plaintiff’s claim shall transfer to the Plaintiff the claim against the Defendant and the designated parties, and the same year.

5. 18.Irre and

5. 23. 23. by certified content-certified mail, the Defendant and the appointed parties notified the assignment of the claims.

C. As of March 10, 2012, the remaining amount of the loan remains at KRW 4,670,523,048 (i.e., the principal of the loan at KRW 549,442,134, and interest accrued at KRW 2,331,424,016, and interest accrued at KRW 1,789,656,898).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant and the designated parties are jointly and severally liable, unless there are special circumstances.

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