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(영문) 서울남부지방법원 2015.12.23 2015가단231386

양수금

Text

1. The Plaintiff:

A. Defendant A shall have full payment of KRW 22,707,697 and KRW 19,401,537 among them from September 8, 2015.

Reasons

1. Basic facts

A. On August 22, 2002, Defendant A borrowed the loan amount of KRW 3 million from the Gwangju Bank (hereinafter “Gwanju Bank”) as of August 22, 2003, and the transaction period as of August 22, 2003, Defendant A issued a credit card of the Gwangju Bank on February 20, 2002 as of February 20, 2005, with the maturity of KRW 10 million as of October 22, 2002 as of September 25, 2006, respectively, with the maturity of KRW 8 million as of December 24, 2002 as of November 25, 2006. < Amended by Act No. 6731, Aug. 6, 2002>

B. On October 22, 2002, Defendant A guaranteed the guarantee limit of KRW 12 million with respect to Defendant A’s loan obligations of KRW 10 million to Defendant Gwangju Bank.

C. As of September 7, 2015, Defendant A lost the benefit of time because it did not pay each of the above loans and credit card use fees on time, and as of September 7, 2015, Defendant A’s debt amount of each of the above loans and credit card use fees is as indicated in the account statement of principal and interest on bonds.

Meanwhile, on the other hand, the Gwangju Bank transferred each of the instant loans claims and credit card bills to the Plaintiff on May 28, 2010, and the assignment of claims by each transferor on September 10, 2012 to the Defendant A around September 10, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, barring special circumstances to the Plaintiff, Defendant A is obligated to pay to the Plaintiff damages for delay calculated at the rate of 28% per annum as to KRW 19% per annum as to KRW 22,707,697 and KRW 19,401,537 from September 8, 2015 to the date of full payment, with KRW 19% per annum as to KRW 1,220,425 from September 8, 2015 to the date of full payment. Defendant B is jointly and severally liable with Defendant A within the limit of KRW 12,00,00,00, which is the guarantee limit.

Of the amount stated in paragraph 7,031,343 won and 6,401,537 won among them shall be calculated by the rate of 19% per annum agreed from September 8, 2015 to the date of full payment.