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(영문) 서울중앙지방법원 2017.01.20 2016가합18000
양수금
Text

1. The Plaintiff:

A. The Defendants are jointly and severally and severally liable for KRW 1,076,163,642 and KRW 693,616,444.

Reasons

1. Basic facts

A. 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).

(2) On July 27, 2009, by applying the interest rate of KRW 2.65 billion to the Korea Development Bank for industrial facility financing loans, plus 4.65% per annum as agreed upon at the standard interest rate for industrial facility financing loans, the loans were granted by applying the interest rate of KRW 400 million as agreed upon at the rate of 5.07% per annum to the standard interest rate for industrial fund financing loans (hereinafter collectively referred to as “the obligations of this case”).

(2) On the same day, Defendant B and C guaranteed Defendant A’s obligation of the instant loan. (2) The damages for delay for the instant loan determined to be calculated by adding the additional interest rate for each overdue period to the agreed interest rate, and 3% per annum if the overdue period is less than one month, 6% per annum if the overdue period is less than three months, and 9% per annum if the overdue period is less than three months, but the overdue interest rate per annum is set at 17% per annum.

B. On May 20, 2010, the Korea Development Bank entered into a guarantee agreement with Defendant A to guarantee the payment of KRW 600 million in total, each of the obligations owed by Defendant D and the Korea Commercial Industries Co., Ltd., and when the Korea Development Bank fulfilled its guaranteed obligations, Defendant A repaid the guaranteed obligations to the Korea Development Bank, and the compensation rate for delay was set at 17% per annum. On the same day, Defendant B guaranteed Defendant A’s above indemnity obligation. (2) On the same day, the Korea Development Bank guaranteed Defendant A’s above indemnity obligation and incurred Defendant A’s indemnity obligation.

(hereinafter referred to as “the instant amount of indemnity”). C.

On May 25, 2012, Korea Development Bank entered into an asset acquisition agreement with Nonparty Joint Asset Management Co., Ltd. to sell the instant loan claims and non-performing loan claims, including the claim for reimbursement. On June 26, 2012, the Joint Asset Management Co., Ltd. transferred all the rights and obligations under the said asset acquisition agreement to the Plaintiff. 2)

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