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(영문) 서울중앙지방법원 2015.09.02 2015가합542254

양수금

Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 433,724,927 and KRW 364,768,81 from May 27, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 21, 2010, Nonparty B entered into a credit transaction agreement with Solomon Mutual Savings Bank and received a general loan from the said Savings Bank after entering into a credit transaction agreement with the amount of 450,000,000 won (the interest rate shall be 12.8% per annum for the overdue interest rate within one month, 12.8% per annum for the overdue interest rate within two months, 13.8% per annum for the overdue interest rate within two months, and 14.8% for the overdue interest rate exceeding two months).

(hereinafter “The instant loan obligations” or “the instant loan claims”. On the same day, the Defendant jointly and severally guaranteed the instant loan obligations against the said savings bank.

B. The instant claim for loans was finally transferred from Solomon Mutual Savings Bank to the Plaintiff via the Korea Financial Savings Bank and the Estontoning Limited Company, and each of the above transfers was notified to the Defendant.

C. The instant loan obligations remain in total of KRW 433,724,927, including principal and interest of KRW 364,768,81 as of January 5, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 evidence (including each number for evidence A 1 and 2) and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant, as a joint and several surety for the instant loan obligation, is obligated to pay damages for delay at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from May 27, 2015 to the date of full payment, as sought by the Plaintiff, to the Plaintiff, the assignee of the instant loan obligation, the principal of which is KRW 43,724,927, and the principal of KRW 364,768,81.

Although the defendant only offered real estate owned by the defendant as security for the purpose of securing the debt of the loan of this case, it is argued that there was no fact of joint and several sureties, the defendant's debt of the loan of this case according to the statement of Gap evidence 1-2 as mentioned above.