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(영문) 서울중앙지방법원 2015.01.22 2014가합551824
양수금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 1,000 in Japan and KRW 200,000,000 and each of the above amounts.

Reasons

1. Under each of the following facts, facts may be acknowledged by integrating each of the statements in Gap evidence 1 to 5 (including each of the numbers) and the whole purport of the pleadings.

The non-party Nonghyup Bank Co., Ltd. (hereinafter referred to as the "non-party Bank") shall set forth a separate sheet with Defendant A Co., Ltd. (hereinafter referred to as

1. After entering into a credit transaction agreement on the date stated in the column for the date of loan, the defendant company shall do so;

1. Each amount stated in the column for loans was loaned.

B. As to the non-party bank by the Defendant Company B

A. As to the obligations owed on the basis of the credit transaction agreement in the port of call, Korean won was 1,200,000,000 and Japanese legal tender was 277,878,230 UN.

C. On December 27, 2012, Nonparty bank transferred the instant loan principal and interest claim against the Defendants of the said bank to the Plaintiff, and Nonparty bank notified each Defendants of the transfer of the said loan on December 28, 2012 and December 31, 2012.

C. The principal and interest of outstanding loans as of July 21, 2014 are as shown in Tables 2. and 3.

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant Company is obligated to pay to the Plaintiff the amount calculated by the rate of 11.8% per annum, the agreed rate of 11.8% per annum, and the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from July 22, 2014 to October 8, 2014, the day following the above basic date for the Plaintiff’s filing of the claim and the application for modification of the claim of this case, and each of the above amounts of KRW 1,00,00 from July 2, 2014, which is the day after the above basic date for the Plaintiff’s filing of the claim to the Plaintiff. Defendant B is jointly and severally liable with the Defendant Company to pay the above amount within the limit of KRW 277,878,230,230,000 per annum

3. The Defendants’ assertion against the Defendants were carried out with the Plaintiff’s application by discretionary auction as to the real estate owned by the Defendant Company, and the amount of KRW 593,00,00 was distributed and repaid, and the auction is currently underway.

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