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(영문) 창원지방법원 2017.01.26 2016가합51743
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 521,388,845 and KRW 208,025,485 among them, from May 4, 2016.

Reasons

1. Indication of claim;

A. On April 23, 2008, the Industrial Bank of Korea (hereinafter “Corporate Bank”) extended D loans of KRW 400,000,000 (hereinafter “No. 1”) to D, January 23, 2008, KRW 80,000 (hereinafter “No. 2”) and KRW 400,000,000 on February 13, 2007 (hereinafter “No. 3 loans”).

B. On April 23, 2008, Defendant A guaranteed each of the above first loans obligation to Defendant A, within the limit of KRW 96,000,000 on January 23, 2008, up to KRW 480,000 on February 13, 2007.

C. Defendant B and C guaranteed their respective obligations to the above company banks within the limit of KRW 480,000,000 on February 13, 2007.

D began to delay the payment of principal and interest of loans 1, 2, and 3, and D urged corporate banks to repay several times, but D did not comply with this.

E. On October 29, 2015, a corporate bank transferred its loans Nos. 1, 2, and 3 to the Plaintiff, and notified D thereof.

Details of interest accrued on loan 1 loans 59,529,242 70,892,259 130,421,501,501, 200,007, 077, 887, 077, 887, 3 loans 68,496, 243 135,393,214, 203,889, 2089, 208,457, total of 208,025,485 313,63, 360, 521, 388, 8455

(f) The principal and interest of the First, Second, and Three Loans remaining as of May 4, 2016 are as follows:

G. Therefore, Defendant A is liable to pay KRW 480,00,000 out of the above KRW 521,388,845 as well as the above KRW 208,025,485 as to KRW 528,00 per annum from May 4, 2016 to the date of full payment. Defendant B and C are jointly and severally liable with Defendant A to pay KRW 480,00,00 among the above KRW 521,38,845.

2. Defendant A and B of the applicable provisions of Acts: Defendant C: Article 150(1) of the Civil Procedure Act (a judgment by public notice).

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