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(영문) 서울중앙지방법원 2017.06.20 2016가합567250
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. is from June 20, 2006 to KRW 496,402,697 and KRW 100,000 among them.

Reasons

1. Facts of recognition;

A. On November 22, 1999, the Industrial Bank of Korea (hereinafter “Industrial Bank”) entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) by setting the credit limit amounting to 650,000,000 won, and damages for delay until October 25, 2005, up to 18% per annum, and loaned the above amount to Defendant Co., Ltd.

At the time of the above agreement, Defendant C guaranteed the obligation to return the principal and interest of loan to the non-party bank of Defendant C within the limit of KRW 780,00,000.

B. Nonparty Bank against the Defendants, etc. as Seoul Central District Court 2006Kadan30505

On December 21, 2006, the above court rendered a favorable judgment in favor of all the following purport: “The defendants jointly and severally (Provided, That the defendant C shall not exceed the limit of KRW 780,00,000) with respect to KRW 496,402,697 and the amount of KRW 100,000 among them, 18% per annum from June 20, 2006 to November 28, 2006, and 20% per annum from the next day to the date of full payment.” The above judgment was finalized on January 19, 207.

(hereinafter “final judgment of this case”). C.

On October 29, 2013, the Plaintiff was against the Defendants of the non-party bank from the non-party bank.

The claim for the loans described in the subsection was taken over, and the defendant company was notified of the transfer at that time.

【Defendant A Co., Ltd. based on recognition: Defendant C: The absence of dispute, each entry in the evidence of Article 208(3)3 (Service by Public Notice) of the Civil Procedure Act (including branch numbers, if any), and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, according to the final judgment of this case, the defendant company acquired the claim for the loan from the non-party bank to the plaintiff, and 18% per annum from June 20, 2006 to November 28, 2006, as to the amount of KRW 496,402,697 and its amount of KRW 100,000 among them, and the next day.

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