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(영문) 대전지방법원 서산지원 2017.02.21 2016가단53567

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 25,946,258 and KRW 15,858,319 from July 21, 2016 to the day of full payment.

Reasons

1. Basic facts

A. A. On October 2009, B Co., Ltd. (hereinafter “Nonindicted Company”) borrowed KRW 50 million (hereinafter “instant automobile”) from Hyundai Capital Co., Ltd. (hereinafter “Nuri Capital”) at a rate of 9.4% per annum, overdue interest rate of 24%, repayment period of 60 months, and borrowed (hereinafter “instant loan”). The Defendant, the representative director of the Nonparty Company C, and the director of the Nonparty Company, jointly and severally guaranteed the instant loan obligations.

B. From July 2013, Nonparty Company delayed the payment of principal and interest of the instant loan from around July 2013.

On May 20, 2016, Hyundai Capitals transferred the instant loan claims to the Plaintiff, and notified the non-party company of the assignment of claims on May 24, 2016, but the said notification was not delivered.

Accordingly, on August 24, 2016, the Plaintiff publicly announced the assignment of claims through a daily newspaper.

C. Principal and interest based on June 30, 2016 on the instant loan is KRW 25,946,258.

(Interest 9,139,047 won from July 5, 2013 to March 31, 2016 to the interest rate of 9,48,892 won from April 1, 2016 to June 30, 2016). (The ground for recognition) The fact that no dispute exists, Gap evidence 1 through 4, Eul evidence 3, and Eul evidence 3, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination

A. According to the above facts as to the cause of the claim, the Plaintiff received the instant loan claim against the non-party company from Hyundai Capital and completed the procedure for public announcement under Article 7(1) of the Asset-Backed Securitization Act. As such, the Defendant, as a joint guarantor of the instant loan debt, is obligated to pay damages for delay at the rate of 15% per annum from July 21, 2016 to the day following the day when the original copy of the instant payment order was served to the Plaintiff, the transferee of the instant loan debt, with the total amount of principal and interest of the instant loan claim, and the principal principal of KRW 25,946,258,319, which is the date when the original copy of the instant payment order was served.

B. On the Defendant’s assertion 1.