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(영문) 대구지방법원 2015.01.20 2014가합205083
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff’s Intervenor for KRW 2,155,364,49 and KRW 952,523,968 among them.

Reasons

1. Indication of claim;

A. Busan Bank’s loan claims and credit card payment claims against the Defendants 1) Defendant A Co., Ltd.’s loan claims against the Defendants of Busan Bank Co., Ltd. are Busan Bank’s Busan Bank Co., Ltd. on July 25, 2008 (hereinafter “ Busan Bank”).

(2) On July 25, 2016, the credit limit amount of KRW 2,500,000, the credit period of KRW 1.78%, the base interest rate of KRW 1.78%, and the compensation rate for delay from the Busan Bank was set to apply Article 3(5) of the General Terms and Conditions for Credit Transactions. On the same day, Defendant B borrowed KRW 2,50,000,000 from the Busan Bank. On the same day, Defendant B provided joint and several sureties with the guarantee limit amount of KRW 3,00,000 for Defendant A’s above obligations, the amount of the credit limit amount of KRW 3,50,000,000. 2) Defendant A Co., Ltd.’s credit card payment claims against the Defendants of Busan Bank Co., Ltd. purchased cash loans and goods with the card issued on November 13, 2008. The Busan Bank purchased the credit card amount purchased by Defendant A Co., Ltd. on each credit card merchant.

On the same day, Defendant B set the guarantee limit of KRW 12,00,000 for the credit card payment obligation of Defendant A Co., Ltd., and jointly and severally guaranteed.

3 The overdue interest rate on the loan from December 29, 2009 to December 29, 2009 among the overdue interest rates that the Busan Bank changed according to the financial environment is 19% per annum, and the overdue interest rate on the credit card payment is 28% per annum.

However, the interest rate for overdue loans and credit card bills applied from December 29, 2009 to overdue loans and credit card bills since December 29, 2009, because Defendant A, who did not pay the above credit card bills, lost the interest due under the conditions set forth in the Busan Bank's Basic Credit Transaction Terms and Conditions, but did not repay the above loan and credit card bills.

(b) Transfer and acquisition of bonds;

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