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(영문) 춘천지방법원강릉지원 2015.02.12 2014가합100583
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 140,347,396 and KRW 120,000 among them, from September 16, 1998 to October 198.

Reasons

1. Indication of claim;

A. On September 18, 1997, Korea-Japan Bank Co., Ltd. (hereinafter “Korea-Japan Bank”) loaned KRW 120 million to Defendant A, and Defendant B jointly and severally guaranteed the above loan obligations against Defendant Han-Japan Bank.

B. On December 19, 1998, Hanil Bank transferred the above loan claims to the Plaintiff, and notified the Defendants of such transfer.

C. The unpaid contract delay damages for the above loan amounting to September 15, 1998 are 20,347,396 won, and the agreed interest rate for delay applicable to the above loan obligation is 25% per annum from September 16, 1998 to October 18, 1998, 20% per annum from the following day to January 24, 1999, and 19% per annum from the following day to the next day.

The Plaintiff filed a lawsuit against the Defendants with this Court 2004Gahap820, and filed a lawsuit with this Court for the payment of the principal and interest on the loans unpaid, and on November 11, 2004, this Court rendered a judgment that “the Defendants jointly and severally pay to the Plaintiff KRW 140,347,396 and KRW 12,00 million among them, shall be 25% per annum from September 16, 1998 to October 18, 1998; 20% per annum from the next day to January 24, 1999; 19% per annum from the next day to August 10, 204; and since the judgment became final and conclusive on December 7, 2004, the Defendants are jointly and severally liable to pay the above amount to the Plaintiff.

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).

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