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(영문) 서울중앙지방법원 2015.10.13 2015가단5019653
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 75,558,101 as well as KRW 25,00,000 among them, from May 7, 2015.

Reasons

1. Indication of the facts of recognition and request;

A. On August 30, 2006, the Industrial Bank of Korea extended a loan of KRW 300,000,000 to Defendant A Co., Ltd. for a fixed period on June 15, 2009, and Defendant B guaranteed the above debt up to KRW 240,00,000.

B. The above A.

Since the Industrial Bank of Korea transferred its claim to a limited company specialized in the 20th century, it transferred in sequence to the Joint Asset Management Co., Ltd., U&A loan, X-AB loan Co., Ltd., and on October 10, 2013, it was finally transferred to the Future Savings Bank Co., Ltd.

C. The plaintiff is the above A.

Of the claims, 25,00,000 won and interest and damages for delay on them are claimed only 50,558,101 won.

(The plaintiff explicitly indicated that the remaining claims are waived in the application for payment order) / [Defendant A corporation] The judgment of deemed confession (Article 208 (3) 2 of the Civil Procedure Act / [Defendant B's ground for recognition] Gap evidence 1 or evidence 5, and the purport of the whole pleadings.

2. Accordingly, the Defendants jointly and severally pay to the Plaintiff KRW 75,58,101 and KRW 25,000,000,000, which is the day following the last delivery of the complaint, to the day of full payment, damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 7, 2015 to the day of full payment. Defendant B is liable to pay within the limit of KRW 240,00,00.

3. The plaintiff's claim for the conclusion is accepted on the ground of the reasons.

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