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(영문) 서울중앙지방법원 2015.05.08 2014가합580198
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd., Ltd., from September 4, 2014, with respect to KRW 475,00,000 among the above amounts and KRW 696,875,186.

Reasons

Description of Claim

On August 22, 2008, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a loan agreement with the Small and Medium Business Corporation on the terms of lending amounting to KRW 300 million per annum, interest rate of KRW 5.14% per annum, and delay compensation rate of KRW 12% per annum. Defendant B, without setting the guarantee limit amount, jointly and severally guaranteed the Defendant Company’s obligations to the Small and Medium Business Corporation pursuant to the above agreement, and on November 17, 2009, changed the guarantee limit amount of the above obligations to KRW 330 million.

On May 22, 2009, the Defendant Company entered into a loan agreement with the Small and Medium Business Corporation on a loan limit of KRW 200 million, interest rate of KRW 4.18% per annum, interest rate of delay damages rate of KRW 12% per annum, and Defendant B jointly and severally guaranteed obligations owed by the Defendant Company to the Small and Medium Business Corporation in accordance with the above agreement, setting the limit of collateral guarantee amount of KRW 240 million as KRW 240 million.

The defendant company received a loan from the Small and Medium Business Corporation in accordance with the above agreement, but did not pay the principal and interest of the above debt after the due date.

On October 30, 2013, the Small and Medium Business Corporation transferred the Defendants’ claims to the Plaintiff, and notified the Defendants of the assignment of claims at that time.

As of September 3, 2014, the principal and interest of the Defendant Company against the Plaintiff is KRW 696,875,186 (= principal and interest of KRW 475,000,000,000,000,000,000,000).

The sum of Defendant B’s limit of collateral guarantee is KRW 570 million (= KRW 240 million).

On August 22, 2008, 275,00,000, 128,719, 3584, 719, 358 Policy Loan of the Small and Medium Business Corporation policy loan of 22, 200,000,000,000,000, 93, 155, 82828 293,15,155,828 293, 475,00,000, 221,875, 696, 875, 186 (unit: Won) of the Act on the Procedure for the Regulation of Civil Procedure applicable to the applicable provisions of Article 208 (3) 3 and 194 (Decision by Service by Public Notice) of the Civil Procedure Act.

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