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(영문) 서울중앙지방법원 2015.01.15 2013가합79004
양수금
Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd., the amount of KRW 1,008,437,913 and KRW 127,497,720 among them, from December 7, 2001.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) Defendant A Co., Ltd. (hereinafter “Defendant A”)

(2) The Korea Mutual Savings and Finance Company (hereinafter referred to as the “Korea Mutual Savings and Finance Company”)

(1) The following three monetary loan agreements were concluded with the non-party, and each of the loans was loaned from the non-party treasury (hereinafter referred to as “instant first to third loans”) by the sequence below.

() Defendant B, C, and RK jointly and severally guaranteed the obligation owed by the Defendant Company due to the instant loan Nos. 1, and Defendant J jointly and severally guaranteed the obligation owed by the Defendant Company due to the instant loan Nos. 2 and 3. On February 22, 1999, the overdue interest rate of the loan (won) loan interest rate of the date of the loan No. 2,000,000 per annum 17% per annum 29% per annum on February 22, 2001, and 29% per annum 375,000 per annum 17% per annum on December 30, 21999, and 24% per annum 108,000,000 per annum 30,000,000 per annum 108,000,000 per annum 1744% per annum 28,200,300.

3) After the bankruptcy of the non-party treasury, the non-party trust administrator of the non-party trust company (Korea Deposit Insurance Corporation) filed an application for the payment order against the defendant company, the defendant company B, C, the J and the deceased K for the payment order seeking the following loans, etc. (U.S. District Court 2003 tea9). The above court issued the payment order as follows on June 19, 2003. Of the payment order, the part against the defendant company, the defendant company B, the J and the deceased K was confirmed around that time. [The details of the loan] The loan amount was determined at that time as it is against the defendant company, the defendant company, the defendant company, the defendant company, the J and the deceased K. 2: 177,841, 6841, the 841, 437, 9132, 019, 279, 2442, 308, 3614, 365, 2054, 375

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