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(영문) 서울중앙지방법원 2015.01.15 2014가합512102
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for USD 13,720,289.87 and USD 468,384.1 among them.

Reasons

Description of Claim

From November 24, 1995 to August 20, 197, the Choung Bank Co., Ltd. (hereinafter the “Defendant Co., Ltd”) concluded a credit limit trading agreement with Defendant Co., Ltd. (hereinafter the “Defendant Co., Ltd.”) as shown in the separate sheet No. 1, and made a loan to Defendant Co., Ltd. to pay the Defendant Co., Ltd. the sum of USD 4,517,307.92, as listed in the separate sheet No. 2 list No. 1, and the Defendant Co., Ltd. guaranteed the Defendant Co., Ltd.’s obligation under the above credit limit trading agreement as listed in the separate sheet No. 1.

On September 29, 1998, the Choung Bank notified the Defendants of the assignment of the above obligation on December 12, 1998, after transferring the above obligation to the Plaintiff. The above notification reached the Defendants around that time.

Since then, the plaintiff filed a lawsuit against the defendants (Seoul Central District Court 2003Gahap65990) and was sentenced on April 27, 2004 that "the defendants jointly and severally filed with the plaintiff about USD 4,517,307 and the amount of USD 25% per annum from September 16, 1998 to October 6, 1998, 21% per annum from the next day to January 28, 1999, 19% per annum from the next day to March 6, 2004, and 20% per annum from the next day to the day of full payment." The above judgment was finalized on June 15, 2004.

As of February 19, 2014, the amount of the above loans as of February 19, 2014 is USD 4,364,089, USD 13,251,905, USD 17,615,994.7.

Therefore, the Defendants jointly and severally filed the instant lawsuit with the Plaintiff for the interruption of the extinctive prescription of the above loans, and indicated in the Disposition No. 1 of this case as to USD 468,384.1, USD 13,251,905.77, USD 13,720,289.87, and USD 468,384.1, which is the date following the above calculation base date, from February 20, 2014 to July 22, 2014, Defendant A, the delivery date of a duplicate of the instant complaint, and Defendant A’s signal Co., Ltd., until November 13, 2014.

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