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(영문) 서울중앙지방법원 2016.02.16 2015가단184309
양수금
Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 112,897,648 and KRW 40,000,000 among them.

Reasons

1. Facts of recognition;

A. The Defendant A entered into a loan transaction agreement and received the loan between the Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”), as shown in the attached Table of Loan Terms and Conditions, and the Defendant B and C entered into a joint and several guarantee agreement.

B. On October 26, 1999, Gyeongnam Bank transferred its claims against the Defendants to the Korea Asset Management Corporation, and notified Defendant A of the same day.

1. Korea Asset Management Corporation:

A. For Defendant A: (a) 19% per annum from October 1, 1999 to the date of full payment; (b) 19% per annum from February 6, 2001 to the date of full payment; (c) 19% per annum for KRW 11,060,972 from October 1, 199 to KRW 454,349,083; and (d) 28% per annum for KRW 19% per annum from February 6, 2001 to the date of full payment; and

C. Defendant B is jointly and severally with Defendant A within the scope of KRW 360,000,000.

interest of KRW 85,914,00 and KRW 85,800,000 among the money stated in the subsection shall be 19% per annum from October 1, 1999 to the date of full payment;

D. Defendant B shall not exceed 260,000,000 won jointly and severally with Defendant A.

interest rate of 19% per annum for KRW 246,535,904 and for KRW 193,787,809 from February 6, 2001 to the date of full payment;

E. Defendant C is jointly and severally with Defendant A within the scope of KRW 130,000,000.

Of the money stated in this subsection, 68,319,416 won and 68,283,871 won with 19% interest per annum from October 1, 1999 to the day of full payment.

C. On August 18, 2005, the Korea Asset Management Corporation filed a lawsuit claiming the acquisition amount against the Defendants (the Changwon District Court 2004Gahap5488), and was sentenced on August 18, 2005, and the said judgment became final and conclusive on September 16, 2005.

(hereinafter “instant judgment”) D.

On August 28, 2012, the Korea Asset Management Corporation entered into an asset transfer agreement with the Plaintiff (the Plaintiff’s transfer of title prior to the change of title), and the authority to notify the Plaintiff of the transfer of title.

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