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(영문) 청주지방법원 2016.04.20 2014가단14863
대여금
Text

1. As to the Intervenor succeeding to the Plaintiff:

A. The Defendants are jointly and severally liable, and Defendant B shall be limited to KRW 130,000,000.

Reasons

1. Facts of recognition;

A. The Jungbu Mutual Savings Bank Co., Ltd. (hereinafter “SB Savings Bank”) concluded a credit transaction agreement with Defendant A on October 17, 2007 with the amount of loans of KRW 100,00,000,000, normal interest rate of KRW 14.5% per annum, loan transaction agreement with 24% per annum (hereinafter “instant one loan”), loan transaction agreement with 150,000,000, normal interest rate of KRW 12.5% per annum, and overdue interest rate of KRW 24% per annum (hereinafter “instant two loans”), loan transaction agreement with Defendant A on November 13, 2007 with 150,000,000, normal interest rate of KRW 80,000,000, average interest rate of KRW 14.5% per annum, and 24% per annum (hereinafter “the instant loan agreement”).

B. Defendant B Co., Ltd. jointly and severally guaranteed each of the above obligations of Defendant A with the guarantee limit of KRW 130,000,000 for the instant loan 1; KRW 200,000 for the instant loan 2; and KRW 120,000 for the instant loan 3, KRW 120,000.

C. Defendant A lost the benefit of time on August 30, 2008 by failing to pay the loan installment and interest after receiving the loan.

As of December 27, 2013, the loan principal based on the instant loan 96,90,454 won for overdue interest, 130,493,025 won for overdue interest, 6,843,054 won for attempted interest, 150,000 won for the loan principal based on the instant loan 2, and 3,287,670 won for normal interest, 195,484,931 won for overdue interest, 33,439 won for overdue interest, and 33,439 won for overdue interest, and 80,000,000 won for the loan principal based on the instant loan 3 loans, 2,03,972 won for overdue interest, 104,258,630 won for overdue interest, and 20,687 won for overdue interest.

On February 12, 2014, the non-party bank filed the instant lawsuit seeking the payment of the above principal and interest of loan, etc., and withdrawn from the lawsuit after transferring the above loan claims against the defendant to the Korea LEL Asset Management Loan Co., Ltd., and the Korea LEL Asset Management Loan Co., Ltd. participated in the lawsuit as the plaintiff succeeding intervenor, but transferred the above loan claims to the galthalthalian Loan Co., Ltd.

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