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(영문) 서울중앙지방법원 2019.11.14 2019가합521446
양수금
Text

1. Defendants are jointly and severally and severally liable to the Plaintiff for KRW 7,418,724,584 and KRW 2,045,130,349, respectively, from March 18, 2019 to March 2019.

Reasons

1. Facts of recognition;

A. The Defendant A Co., Ltd. (hereinafter “C”) and the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) concluded each of the agreements listed in paragraphs (2) through (5) with the following table 1 through 7-1 with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on each of the loan items listed in paragraphs (3) and (4) with each of the loan items listed in paragraphs (3). The network E (the representative director of the Defendant Co., Ltd. was the representative director of the Defendant Co., Ltd.) and the Defendant B (the director of the Defendant Co., Ltd. was the director of the Defendant Co.), respectively, jointly and severally guaranteed each of the above loans (compensation) owed by the Defendant Co., Ltd. to C, as described in the following table 1 through 7-5 (5).

(2) On November 13, 1995, the Agreement between the two parties (hereinafter referred to as the "Agreement between the two parties (hereinafter referred to as the "Agreement") and the two parties (hereinafter referred to as the "Agreement between the two parties (hereinafter referred to as the "Agreement"), the amount of (3) credit limit (4) credit limit) credit limit (5) credit guarantee 1,12,00,000 won on April 8, 1995, the Agreement between the two parties (hereinafter referred to as the "Agreement") and the two parties (hereinafter referred to as 1,00,000 won loan 1,000,000 won loan 1,000 won loan 1,000 won loan 1,000 won loan 1,000 won loan 1,000 won loan 1,000 won loan 1,000 won loan 1,000,000 won loan 30,000 won loan 2,000 won loan 30,700.

B. The Defendant Company, upon entering into each of the above agreements with C, approved that the basic terms and conditions for banking transactions apply, and lost the benefit of time due to failure to repay at once the principal and interest obligations under each of the above agreements, the Defendant Company as the payment rate for delay in addition to the interest rate for delay as determined by C.

At present, C's interest rate in arrears under each of the above agreements is 15% per annum.

C. On November 24, 2013, C transferred each of the claims against the Defendant Company under each of the above agreements to the Plaintiff pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, and notified the Defendants of the said transfer.

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