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(영문) 서울서부지방법원 2014.11.27 2014가합33208
양수금
Text

1. The Plaintiff:

A. (1) As to Defendant A Limited Partnership Company, Defendant A’s KRW 115,890,542 and KRW 27,979,183 among them, from April 23, 2014.

Reasons

1. Indication of claim;

A. On October 14, 1996, Defendant A Limited Partnership borrowed 50,000,000 won from Gwangju Bank at the rate of 19% per annum by the method of a comprehensive passbook loan agreement. Defendant B and C respectively jointly and severally guaranteed the above loan obligations of Defendant A Limited Partnership to Defendant Gwangju Bank with the view to the nearest guarantee limit amounting to 65,00,000 won.

As of April 22, 2014, the principal and interest of the loan remains 115,890,542 (the principal =27,979,183 + interest or delay damages + 87,91,359).

B. On March 13, 1995, Defendant A Limited Partnership entered into an agreement on credit limit transaction (in discount notes) with the limit of 550,000,000 won from the Gwangju Bank, Inc., and Defendant B, E, and D jointly and severally guaranteed the obligations of Defendant A Limited Partnership with respect to the Gwangju Bank based on the above agreement with the amount of maximum guarantee amount of KRW 715,000,000, respectively.

As of April 22, 2014, the principal and interest of the above obligation remains 311,728,145 won (the principal =91,041,302 + interest or delay damages + 220,686,843).

C. On May 28, 2010, the Gwangju Bank transferred each of the above claims to the Alice Loan Co., Ltd., and on September 10, 2012, the Alice Primary Loan Co., Ltd transferred each of the above claims to the Plaintiff.

On April 17, 2014, the Plaintiff was delegated with the authority to notify the transfer from the Gwangju Bank and the Aras-Is-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

2. Applicable provisions;

A. Article 208(3)3 of the Civil Procedure Act (a) of Defendant A Limited Partnership Company, B, and D Civil Procedure Act

B. Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act of Defendant C and E, the E Civil Procedure Act

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