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(영문) 서울중앙지방법원 2015.02.12 2014가합74
양수금
Text

1. As to the Intervenor succeeding to the Plaintiff:

A. Defendant A Co., Ltd. shall be KRW 3,188,961,00 and KRW 2,300,000 among them.

Reasons

1. Indication of claim;

A. On November 24, 2014, the Intervenor succeeding to the Plaintiff (hereinafter “Successor”). On December 9, 2005, Defendant A (hereinafter “Defendant A”) loaned KRW 2,300,000,000 to Defendant A (hereinafter “Defendant A”) on the due date for payment, set at 20% per annum, and jointly and severally guaranteed each amount of KRW 3,00,000,000 as to the Defendant Company’s loan claims against the Intervenor succeeding to the Plaintiff. On December 24, 2014, the Intervenor filed a written application for succession to the lawsuit with the Plaintiff and submitted the written application for succession to the lawsuit against the Defendants.

B. On June 30, 2010, the succeeding intervenor transferred the claims against the Defendants for loans to the Plaintiff. Around that time, the succeeding intervenor notified the Defendants of the assignment of claims.

C. As of June 30, 2010, loans against the Defendants as of June 30, 2010 amounting to KRW 3,188,961,00 in total (i.e., principal amounting to KRW 2,300,00,000, and KRW 42,975,341 overdue interest amounting to KRW 845,985,662).

On August 18, 2014, the succeeding intervenor succeeded to both the Plaintiff’s rights, duties, and litigation rights by taking over the claims for loans against the Defendants from the Plaintiff.

E. Therefore, the Defendant Company is obligated to pay to the succeeding intervenor the above 3,188,961,003 won and the principal 2,300,000,000 won among the above 3,188,961,000 won, with 20% interest rate per annum from July 1, 2010 to the date of full payment. Defendant B, C, and D are jointly and severally liable with the Defendant Company to pay the above amount within the limit of 3,00,000 won.

2. Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the judgment based on the recommendation of confession.

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