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(영문) 수원지방법원성남지원 2015.01.07 2014가합5254
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 324,534,121 and KRW 104,151,78 among the Defendants, from February 13, 2014 to May 1, 2014.

Reasons

1. In fact, on June 1, 2006, June 26, 2006, the repayment period of KRW 54,000,000 as the loan amount of KRW 62,100,000 on June 27, 2007, as of June 26, 2006, KRW 65,000 for the guarantee limit of KRW 65,000,000 on June 1, 2007, respectively, as of June 26, 2007, respectively.

A. The Industrial Bank of Korea (hereinafter “Defendant A”) granted a loan to Defendant A Co., Ltd. (hereinafter “Defendant A”) by setting the respective amount stated in the “loan amount” as the loans from small and medium enterprises on each of the following dates as the date on which the respective repayment period is due.

B. Defendant B and C guaranteed each of the above loans owed to the Industrial Bank of Korea by Defendant A on the date of each of the above loans within the scope of each amount indicated in the above “Guarantee Limit” column.

C. On June 18, 2008, the Industrial Bank of Korea transferred the Industrial Bank of Korea’s respective loans claims against Defendant A (hereinafter “instant loans claims”), and notified Defendant A of the assignment of the claims on July 7, 2008, and on May 12, 201, the limited liability company specialized in securitization transferred the instant loans claims to the Plaintiff on May 12, 201, and notified each of the said assignment of claims on July 12, 201, and reached Defendant A of the notification date.

The agreement on the total amount of principal and interest on the loan of 25,717,530 won on June 1, 2006, - loans of 25,717,530 won on June 1, 2006, KRW 34,758,772 won - loans of 2,438,00 won on June 27, 2006, KRW 6,473,731 won 8,911,731 won on June 27, 2006, 18.45% per annum 104,151,78 won on June 26, 2007, KRW 176,711,830 won on loans of 16.63% per annum 324,534,121 won on June 26, 2007.

D. As of February 12, 2014, the balance and the agreed rate of the instant loan claims that the Plaintiff acquired by transfer as of February 12, 2014 are as listed in the following table:

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 3 (if there are provisional numbers, including each number), the purport of whole pleadings

2. According to the above-mentioned facts of determination as to the cause of the claim, barring special circumstances.

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