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(영문) 서울중앙지방법원 2015.03.27 2014가합46483 (1)
양수금
Text

1. The defendant shall pay to the plaintiff KRW 3,093,288,445 as well as KRW 681,303,89 as to the plaintiff from February 8, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. The case engineering Co., Ltd. received loans from the Korea Mutual Saving and Finance Company under the joint and several sureties Co., Ltd. as follows.

1) Loans made on May 14, 1996, principal amounting to KRW 300,00,000, repayment date, interest rate of May 14, 1997, interest rate of KRW 17.5% per annum, and interest rate in arrears notified at the guest rate for delay (hereinafter “first loan”).

(2) (2) The loan of November 12, 1996, principal of KRW 559,00,000, repayment date of November 12, 1997, interest rate of KRW 17.5% per annum, and delay interest rate of the guest notice (hereinafter “second loan”). B.

On June 26, 2000, the Korea Mutual Savings and Finance Company and the Korea Mutual Savings and Finance Company and the bankruptcy trustee, on April 16, 2003, transferred each of the above principal and interest of loans to the Plaintiff (former Mutual Savings and Finance Corporation). On August 8, 2003, the bankruptcy trustee notified the fact that the loans are transferred to ASEAN Engineering Co., Ltd.

C. On June 3, 2004, the Plaintiff filed a lawsuit against ASEAN Engineering Co., Ltd., Ltd., the principal debtor, and the Defendant, etc., the joint guarantor, and filed a lawsuit seeking payment of each of the above principal and interest of loan. The judgment was rendered on June 3, 2004 that “the Defendants of the lawsuit jointly and severally filed a lawsuit with the Plaintiff 692,201,80 won, and 30% per annum from January 1, 1999 to March 7, 199; 26% per annum from March 8, 199 to October 8, 199; and 23% per annum from the next day to the date of full payment.” The above judgment was finalized on August 3, 2004.

(Reasons for Recognition) The fact that there is no dispute over the Seoul Central District Court 2003Kadan425182. [Ground for Recognition], entry of Gap evidence 1, the purport of the whole pleadings.

2. According to the above facts of recognition, the defendant bears the obligation to the plaintiff under the above judgment, and the money collected by the plaintiff from the defendant to be appropriated for the principal of the first loan and the second loan, such as the statement in attached Table 2 "the principal to be recovered", shall be the amount of the principal and interest paid as of February 7, 2014 and the amount of the non-payment as of February 7, 2014 shall be KRW 3,093,288,445 and the principal and interest paid as of KRW 681,303,89.

Therefore, the defendant 3,093.

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