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(영문) 부산지방법원동부지원 2016.05.04 2016가단203003

양수금

Text

1. The Defendant’s KRW 100,455,075 within the limit of KRW 95,000,000 and KRW 80,000 among the Plaintiff and the Plaintiff’s KRW 20,000.

Reasons

1. Judgment on the plaintiff's claim

A. (1) On May 12, 2010, the Small and Medium Business Corporation extended a loan of KRW 80 million to B at the rate of KRW 4.38% per annum on May 2013 and interest rate of KRW 12% per annum on delay damages. The Defendant set the guarantee limit of KRW 95 million and guaranteed the principal and interest obligation of the Small and Medium Business Corporation in B as the guarantee limit of KRW 95 million.

(2) B delayed repayment of the principal and interest of loans to the Small and Medium Business Corporation, thereby losing the benefit of the due date, and the remainder of the principal and interest of loans as of August 20, 2013 are as follows:

On October 30, 2013, the Small and Medium Business Corporation transferred to the Plaintiff the obligation to return the principal and interest of the loan to B and the Defendant, and notified B and the Defendant of the transfer of the credit at that time.

(In accordance with grounds for recognition, evidence Nos. 1 and 2, evidence No. 3-1 and 2, and the purport of the whole pleadings.

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff who acquired the principal and interest of loan to the amount of KRW 95 million at the rate of 12% per annum from August 21, 2013 to the date of full payment of the principal and interest of KRW 100,455,075 as of August 20, 2013 and the principal of the loan to KRW 80,000,000,000, which is the overdue interest rate of KRW 12% per annum from August 21, 2013.

2. If so, the plaintiff's claim of this case is justified.