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(영문) 서울중앙지방법원 2015.12.09 2014가합534713
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from April 26, 2014 for KRW 483,059,824 and KRW 257,929,893 among them.

Reasons

1. Facts of recognition;

A. On February 24, 2009, the Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) set the amount of KRW 270,000,000 of the company’s general capital to Defendant A Co., Ltd. (hereinafter “Defendant A”) as the due date for payment until July 5, 2009, the rate of interest rate fluctuations (the maximum of 19% per annum of delay damages) and lent it to the Defendant Co., Ltd. (hereinafter “Defendant A”).

(hereinafter “instant loans”). (b)

On February 8, 2007, Defendant B, the representative director of Defendant A, entered into a joint and several guarantee agreement with the foreign exchange bank within the limit of 390,000,000 won with respect to the present and future obligations owed by Defendant A to the foreign exchange bank.

C. On November 23, 2010, the foreign exchange bank transferred the instant loan claims against Defendant A of the foreign exchange bank to the Plaintiff, and notified Defendant A of the assignment of claims around March 4, 201.

As of April 25, 2014, the balance of loans of this case as of April 25, 2014 is KRW 483,059,824, including principal and interest thereon and delay damages.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Claims against the defendant A and B

A. According to the above facts, Defendant A, the primary debtor, is obligated to pay to the Plaintiff the instant loan claim amounting to KRW 483,059,824 of the balance of the principal and interest of the instant loan and KRW 257,929,893 of the principal and interest of KRW 257,929,893 of the principal and interest of KRW 19% per annum under the agreement from April 26, 2014 to October 22, 2014, the day following the date on which the duplicate of the instant complaint is served, and KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to September 30, 2015, and damages for delay calculated at 15% per annum under the same Act from the next day to the date of full payment. Defendant B, the joint and several surety, is jointly and severally liable with Defendant A to pay the said money within the limit of KRW 390,000,00.

Article 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

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