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(영문) 서울중앙지방법원 2015.05.29 2013가합78322
양수금
Text

1. The Plaintiff:

A. Defendant A shall pay the full amount of KRW 303,791,711 and KRW 117,141,428 among them.

Reasons

1. Indication of claim;

A. The Korea Deposit Insurance Corporation (hereinafter “the bankruptcy trustee in this case”) of the Daeyang Mutual Savings and Finance Company Co., Ltd. (hereinafter “Mayang Mutual Savings and Finance Company”) filed an application for a payment order with the Defendant A, the debtor of the loan to the Daeyang Mutual Savings and Finance Company, as the Suwon District Court 2003 tea17568, August 14, 2003, “the bankruptcy trustee in this case,” Defendant A received the payment order with the Defendant B from August 28, 2001 to the date of full payment, with the amount of 24% per annum from August 28, 2001 to the date of full payment, with the Defendant B received the payment order with the above 3,037,250,2660, 664,210,210, 4184,104, and 1,1084, and 204, respectively, from August 28, 2008.

B. On September 4, 2008, the bankruptcy trustee of this case transferred the above principal and interest claim against the Defendants to the Plaintiff (the Plaintiff, a stock company, and a reorganization financing corporation) on September 4, 2008, and notified Defendant A of the above assignment of claim around December 2, 2008.

C. Therefore, Defendant A, among the principal and interest of loan confirmed as above, filed a suit with the Plaintiff at the rate of 24% per annum from August 28, 2001 to the date of full payment of the principal amount of KRW 303,791,711 (i.e., principal amount of KRW 117,141,428 to August 27, 2001) and damages for delay of KRW 117,141,428 to the date of full payment of the principal amount of KRW 117,428, and Defendant B, jointly and severally with Defendant A, filed a suit at the rate of 66,435,673 won (i.e., principal amount of KRW 45,128,310 to the date of full payment of the principal amount of KRW 21,307,363) and damages for delay from August 27, 2001 to the date of full payment of the principal amount of KRW 45,128,3101.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

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