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(영문) 서울중앙지방법원 2017.09.26 2017가합1900

양수금 등

Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 15% per annum from October 29, 2016 to the day of full payment.

Reasons

1. Basic facts

A. B (hereinafter “B”) obtained a loan from the Korea Development Bank as follows, and on November 28, 2013, a certificate of replacement as a joint and several surety that the Defendant, who is the representative director of B, is appointed as a joint and several surety, on behalf of C, a joint and several surety of each of the loans (hereinafter “each of the loans in this case”) from the Korea Development Bank, is prepared.

Loans for industrial operating funds of KRW 1,00,000,000 won-private equity debentures of KRW 2,500,000 on January 23, 2013, 2013, the loan of capital for industrial operating funds of KRW 1,300,000 on September 5, 2012, the loan of KRW 20,000 on the loan of KRW 1,30,000 on September 20, 2012. The loan of capital for industrial operating funds of KRW 20,00,000 on September 4, 2013, the loan of KRW 50,000 on September 5, 2013.

B. The Plaintiff received the claim for the above loan from the Korea Development Bank, and the Korea Development Bank notified the Defendant of the transfer of the claim.

C. The Plaintiff received dividends of KRW 4,956,650,361 (Seoul District Court E) on January 5, 2016, 2016, and appropriated the instant loans to the obligation of the instant loans in the course of voluntary auction with respect to the property B (principal KRW 7,799,700,01 (= Principal KRW 7,078,95,535 + Interest KRW 720,704,476) as of October 28, 2016.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is jointly and severally liable with B to pay to the Plaintiff KRW 300 million, among the total debt of each of the instant loans as of October 28, 2016, the amount of KRW 7,799,700,01 as of October 28, 201, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 29, 2016 to the date of full payment.

B. The defendant's assertion does not have signed and sealed a certificate of replacement (Evidence A 2) with a joint and several sureties that the debt of each of the instant loans is jointly and severally guaranteed by the defendant, and the defendant is in the accounting division of B and officers from the former management of B.