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(영문) 수원지방법원평택지원 2016.02.17 2015가합9358
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: 431,549,961 won and 162,382,451 won among them, from April 19, 198.

Reasons

1. The following facts are based on the following facts: (i) the Plaintiff, Defendant A Co., Ltd. (hereinafter “Defendant Company”) and Defendant B are deemed to have led to their confessions in accordance with Article 150 of the Civil Procedure Act; and (ii) there is no dispute between the Plaintiff, Defendant C, and Defendant D between the said parties, or may be acknowledged by taking into account the overall purport of the pleadings in the statement in subparagraph 1.

피고 회사는 중소기업은행으로부터, ① 1992. 11. 30. 100,000,000원을, ② 1993. 8. 24. 100,000,000원을,③ 1991. 9. 18. 80,000,000원을,④ 1991. 11. 4. 57,000,000원을, ⑤ 1992. 8. 31. 100,000,000원을,⑥ 1993. 4. 20. 30,000,000을,⑦ 1993. 4. 20. 100,000,000원을,⑧ 1993. 7. 28. 45,000,000원을,⑨ 1990. 2. 15. 250,000,000원을, ⑩ 1991. 3. 29. 100,000,000원을, ⑪ 1992. 12. 1. 100,000,000원(1992. 9. 7. 60,000,000원과 1992. 12. 1. 40,000,000원의 합계)을 각 대출받았다.

B. Defendant B guaranteed the above (1), (5), and (7) as to the loan obligations, the guarantee limit is 140,000,000 won, and (6) as to the loan obligations, the guarantee limit is 42,00,000 won, and (8) as to the loan obligations, the guarantee limit is 59,000,000 won, and the above loan obligations are jointly and severally guaranteed by Defendant C and the network are 70,000,000 won, respectively.

C. The Bank interest rate applied by the Industrial Bank of Korea is 25% per annum until August 30, 1998, 24% per annum from August 31, 1998 to October 6, 1998, 22% per annum from October 7, 1998 to January 19, 199, and 18% per annum from January 20, 199 to August 2005.

As of April 18, 1998, the remaining principal and interest of the Bank against the Defendant Company of the Industrial Bank of Korea was KRW 431,549,961 (= Principal KRW 162,382,451 + Interest KRW 269,167,510). Among them, the remaining principal and interest of the loan due to the above loan plus KRW 183,345,202 = Principal and interest of KRW 100,000 + final and conclusive interest of KRW 83,345,200.

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