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(영문) 서울북부지방법원 2016.06.09 2015가단144775
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff 10 million won and the amount calculated by 19% per annum from June 20, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. Under the joint and several sureties of Defendant B, the Bank Co., Ltd. (hereinafter “Defendant Co., Ltd.”) lent KRW 50 million (2.49% per annum of the CD-based interest rate, KRW 17% per annum of less than three months in arrears, KRW 17% per annum of less than three months in arrears, and KRW 19% per annum of not less than three months in arrears) to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on February 28, 2006 under the joint and several sureties of Defendant B; ② KRW 300 million per annum of 1.29% per annum; KRW 17% per annum of less than three months in arrears; KRW 17% per annum of less than three months in arrears; and KRW 200 million per annum of June 1, 2007 (this interest rate: KRW 2.94% per annum of less than three months; and KRW 17 per annum of not less than three months, and KRW 19% per annum of arrears).

B. However, the Defendant Company did not pay each of the above loans for more than three months.

C. On March 31, 2009, the above bank transferred each of the above loans principal and interest claims to a limited-liability company specializing in Korean EF&A, and notified the defendant company of the above assignment of claims on April 1, 2009. The above notification reached the defendant company around that time.

On May 12, 201, 201, Korea EF&A Limited Company (hereinafter “AFW”) transferred each of the above loans principal and interest claims to EPS-based limited company, and notified the Defendant Company of the fact of the assignment of claims on the same day. The above notification reached the Defendant Company around that time.

On November 27, 2013, APS only transferred each of the above loans principal and interest claims to the Plaintiff. On December 30, 2013, the Plaintiff was delegated by APS only company that was EP loan and notified the Defendant company of the assignment of the above bonds on December 30, 2013, and the said notification reached the Defendant company around that time.

The principal and interest of each of the above loans that have not been repaid as of June 19, 2015 are total of KRW 1,066,323,767 (principal amount is KRW 521,883,200).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 6 (including branch numbers in the case of additional number), the purport of the whole pleadings

2. According to the above facts of recognition, the defendants jointly and severally lend the above loans to the plaintiff.

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