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(영문) 대전지방법원 2017.01.11 2016가합102683
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 309,163,902 out of the amount of KRW 492,706,566 and the amount of KRW 309,163,90.

Reasons

The basis of the claim

A. On September 13, 2007, A Capital Co., Ltd. (former trade name: Daewoo Capital Co., Ltd.; hereinafter “A Capital”) concluded a loan agreement with the content set forth in B at 11% per annum, 24% per annum, and 64 months per loan period.

(hereinafter “instant loan agreement”). The Defendant jointly and severally guaranteed obligations under the said loan agreement.

B. A claim based on the instant loan agreement (the sum of principal, interest, and delay damages) was transferred to the Plaintiff on January 23, 2013 via Lone Star Loan Co., Ltd., Korea-U.S. AF&D loan, and the said assignment of claim was notified to the Defendant on January 31, 201.

C. B lost the benefit of time due to the failure to perform the obligation to pay principal and interest under the instant loan agreement.

The principal and interest obligation as of October 31, 2012 is KRW 492,706,566 (the principal and interest obligation of the loan = KRW 309,163,902 + interest and delay damages + KRW 183,542,664).

Judgment by deemed confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act)

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