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(영문) 서울중앙지방법원 2015.10.07 2014가합574377

양수금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 233,856,145 and KRW 150,000 among the Defendants, from October 2, 2014 to July 2015.

Reasons

1. Indication of claim;

A. On July 3, 2009, Defendant A Co., Ltd. (hereinafter “Defendant A”) borrowed KRW 150 million from Nonparty Small and Medium Business Corporation (hereinafter “Non-Party Corporation”) at the interest rate of 4.48% per annum, delay damages rate of 12% per annum, and Defendant B guaranteed the Defendant Company’s debt to Non-Party A to the Non-Party Corporation within the limit of KRW 180 million.

B. However, after March 31, 2012, the Defendants did not pay interest on the above loan to Nonparty Corporation, and the maturity period for the above loan obligation arrives. As of October 1, 2014, the principal and interest on the above loan claim amounting to KRW 233,856,145 (i.e., the principal and interest amounting to KRW 150,000,000 and KRW 83,856,145).

C. On May 25, 2012, Nonparty 2 transferred to the Plaintiff the above loan claims against the Defendants, and notified the Defendants of the assignment of claims on July 2, 2012. D.

Therefore, the Defendants jointly and severally pay to the Plaintiff the above principal and interest of KRW 233,856,145 and the principal of KRW 150,000,00 from October 2, 2014 following the above base date to July 25, 2015, which is the last delivery date of a copy of the complaint against the Defendants, the interest rate of 12% per annum as stipulated in the above loan agreement and the interest rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, and Defendant B is obligated to pay the above interest within the limit of KRW 180,00,00, which is the above guarantee limit.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including each number), the purport of the whole pleadings

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;