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(영문) 서울중앙지방법원 2015.09.18 2013가합554772
양수금
Text

1. The Plaintiff:

A. Defendant Sungdo Co., Ltd. and Defendant A jointly and severally, KRW 2,060,613,045 and KRW 411,443,085 among them.

Reasons

1. Facts of recognition;

A. The Bank of Korea Co., Ltd. (hereinafter referred to as the “Bank”) extended a total of KRW 1,902,515,481 and USD 42,621 to Defendant Sungdo Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd”) on 43 occasions, as indicated in the separate sheet of loans.

On February 8, 1994, the defendant A guaranteed all the obligations related to credit transactions that the defendant company owes to the Industrial Bank of Korea on February 14, 1994.

At the time of the repayment of loans as above, the Defendant Company agreed to pay damages for delay in accordance with the interest rate determined by the Industrial Bank of Korea. The interest rate was 22% per annum from November 30, 1998 to January 18, 1999, and 18% per annum from January 19 to January 6, 2003.

B. On December 29, 1998, the Industrial Bank of Korea transferred each of the above principal and interest claims to the Plaintiff, and notified the Defendant Company of the fact of transferring the claims.

C. The plaintiff filed a lawsuit against the defendant company, defendant A, and deceased K, etc. on the basis of each of the above principal and interest claims that the Industrial Bank of Korea acquired from the Industrial Bank of Korea. On January 13, 2004, the above court rendered a judgment of 960,113,980 won in total to the plaintiff jointly and severally (=419,963,085 won in remaining interest until November 30, 1999) and the remaining interest and interest claims until November 30, 199, 419,963,085 won in total, and the above remaining interest and interest claims of the defendant company, defendant A, and deceased K were not paid at the rate of 540,150,89,000 won in total to the plaintiff from December 1, 199 to January 19, 199, and from October 20, 2009 to October 30, 199.

The details of the remaining principal and interest of the Defendant Company are as follows.

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