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(영문) 서울중앙지방법원 2015.05.08 2014가합59922
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 283,841,321 and KRW 149,642,541 among the Defendants.

Reasons

1. Indication of claim;

A. On June 16, 2008, Defendant A Co., Ltd. (hereinafter “Defendant Company”) borrowed KRW 150,000,000 from the Bank of Korea Co., Ltd. at the maturity of payment at the rate of KRW 17% per annum on June 16, 2009 and the delay damages rate of KRW 16% per annum. Defendant B and C guaranteed the Defendant Company’s above loan obligations.

B. On December 14, 2012, Korea Bank Co., Ltd. transferred the above loan claims to the Plaintiff, and notified the Defendant Company of the transfer at that time.

C. As of June 5, 2014, the balance of the loan extended by the Defendant Company as of June 5, 2014 is KRW 149,642,541, and interest for delay is KRW 134,198,780. Thus, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of the principal and interest of the loan and delay damages on the balance of the loan.

2. Judgment with no ground for recognition (Article 208 (3) 1, and Article 257 of the Civil Procedure Act);

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