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(영문) 서울중앙지방법원 2015.02.11 2014가합56169
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 1,346,296,224 as well as KRW 99,591,264 as from September 5, 201.

Reasons

1. Indication of claim;

A. On September 29, 2009, a mutual savings bank organized and lent 1 billion won to Defendant A Co., Ltd. on December 29, 2010 due date, 12% per annum, and 25% per annum. On the same day, Defendant B guaranteed the above loan debt to the Plaintiff, and Defendant C guaranteed the above loan debt amounting to the nearest guarantee amount of 1.3 billion won.

B. On September 5, 2011, the said savings bank transferred the above loan claims to the Plaintiff according to a decision to transfer a contract under Article 14(2) of the Act on the Structural Improvement of the Financial Industry and publicly announced the transfer of claims around that time.

C. Therefore, the Defendants jointly and severally and severally pay to the Plaintiff, the assignee of the above loan claim the total amount of KRW 1,346,296,224 and the principal amount of KRW 99,591,264 as well as damages for delay calculated at the rate of 25% per annum from September 5, 2011, which is the date following the date of calculating the above principal and interest, to the date of full payment, and Defendant C is liable to pay the amount within the limit of KRW 1,300,000,000, which is the limit of guarantee amount.

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

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