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(영문) 서울중앙지방법원 2015.05.08 2014가합519967
양수금
Text

1. As to the Intervenor succeeding to the Plaintiff:

A. Defendant A Co., Ltd.: 13,690,410,957 won and 3,000,000,000 won among them.

Reasons

Facts of recognition

Plaintiff

The succeeding Intervenor (former Mutual Savings Bank Co., Ltd.) set the interest rate of KRW 11% per annum and the interest rate of KRW 24% per annum on June 5, 2006 to Defendant A Co., Ltd. (hereinafter “Defendant A”), ② the interest rate of KRW 11% per annum on December 27, 2007, ② the interest rate of KRW 1.54 billion per annum, and the interest rate of KRW 24% per annum on March 30, 2009 (hereinafter “second loans”), ③ the interest rate of KRW 9% per annum and the interest rate of KRW 25% per annum on March 30, 200 (hereinafter “third loans”).

In addition, Defendant Thai Development Co., Ltd. (hereinafter “Defendant Thai Development”) guaranteed the second loan obligations with the amount of KRW 3.9 billion as the total guarantee limit, and KRW 2.3 billion as the total guarantee limit. ② Defendant B and E guaranteed the third loan obligations with the amount of KRW 5.92 billion as the total guarantee limit, and KRW 949 billion as the total guarantee limit, respectively. ③ Defendant C guaranteed the first and second loan obligations with the amount of KRW 5.92 billion as the total guarantee limit, ③ Defendant D guaranteed the first and second loan obligations with the amount of KRW 3.9 billion as the total guarantee limit, ④ Defendant D guaranteed the first and second loan obligations with the amount of KRW 3.9 billion as the total guarantee limit, ⑤ Defendant D guaranteed the guarantee limit with the amount of KRW 9.3 billion as the total guarantee limit.

Plaintiff

On June 30, 2010, the succeeding intervenor transferred the claim for each of the above loans to Defendant A to the Plaintiff. Around that time, the succeeding intervenor notified the Defendant A of the assignment of claims.

On October 16, 2014, when the lawsuit of this case was pending, the Plaintiff transferred the principal and interest of loan to the Intervenor succeeding to the Plaintiff again, and on October 29, 2014, the Plaintiff notified the Defendants of the assignment of loan.

The sum of principal interest in KRW 1,00,000,000 shall be KRW 690,410,957.

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