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(영문) 서울중앙지방법원 2019.05.23 2018가단5116227

양수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 30, 2010, Nonparty C entered into a loan agreement with Nonparty D as a debtor to pay KRW 2,500,000,000 to a corporate general facility loan (hereinafter “instant loan agreement”) (hereinafter “credit account number: E), and paid the said amount to D.

B. On December 30, 2010, the Defendant jointly and severally guaranteed the D’s obligation to repay the above loan amount of KRW 3,250,000,000, with the maximum guarantee amount of KRW 3,250,000.

C. C Co., Ltd.: (a) around June 2017, F Co., Ltd.: (b) transferred to the Plaintiff the obligation to return the principal and interest of loan under the instant loan agreement.

The remaining obligations against D under the loan agreement of this case as of March 14, 2018 are KRW 176,581,164, interest rate of KRW 34,925,948, the sum of which is KRW 211,507,112.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 3 (including the case with a serial number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of the instant claim

A. The Plaintiff asserted that the Defendant is exempted from the Defendant’s joint and several liability obligations under the instant loan agreement, on the ground that the Defendant is a joint and several surety under the instant loan agreement, seeking payment of the remaining debt amount of KRW 211,507,112 and damages for delay calculated at the rate of 15% per annum from March 15, 2018 to the date of full payment.

B. Therefore, in full view of the entirety purport of the pleadings as to whether the Defendant’s joint and several liability was exempted, as to whether the Defendant’s joint and several liability was exempted, the following facts can be acknowledged: (a) the Defendant terminated the instant loan contract concluded with the Defendant on October 24, 2013; and (b) the Defendant exempted the Defendant from the Defendant’s obligation under the said joint and several liability contract; and (c) there is no counter-proof.

Thus, the defendant's debt based on the status of joint and several sureties under the loan contract of this case.