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(영문) 대구지방법원 2015.05.14 2014가합204530
양수금
Text

1. As to the Intervenor succeeding to the Plaintiff:

A. As to Defendant A, 128,096,421 won and 138,241,451 won among them.

Reasons

1. Indication of claim;

A. Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a loan agreement with Busan Bank Co., Ltd. (hereinafter “ Busan Bank”) as follows, and received a loan on each date of the loan.

1) On August 13, 2008, the amount of credit amount of KRW 400,00,000, interest rate of KRW 5.79%, interest rate of KRW 15%, interest rate of KRW 400,000,000 were loaned every three months from September 30, 2011. Defendant B entered into a loan agreement with Defendant C on December 24, 2008; Defendant C entered into the guarantee limit of KRW 480,000,000 on August 7, 2008, and jointly and severally guaranteed the above loan obligation with Defendant Busan Bank as KRW 480,00,000,000 on August 13, 200, the amount of credit amount of KRW 20,000,000,000, and the interest rate of KRW 0.75% on market interest rate of KRW 08,00,000 on August 20, 2008.

B. On June 29, 2010, Busan Bank transferred all of the above loan claims to the Plaintiff. On June 30, 2010, the Defendants notified the Defendants of the assignment of claims. On October 24, 2014, the Plaintiff transferred all of the above loan claims to the Intervenor succeeding to the Plaintiff, and then notified the Defendant Company on December 4, 2014, Defendant B and C of the said assignment of claims.

C. The amount to be paid by the Defendants as of September 5, 2014 is as follows:

Defendant Company is obligated to pay to the Intervenor succeeding to the Plaintiff each such loan obligation as described in Paragraph (a) of Section 1. Defendant B and C are jointly and severally liable with the Defendant Company to pay the said loan obligation to the Intervenor succeeding to the Plaintiff within the limit of each guarantee period.

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).

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