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(영문) 서울중앙지방법원 2016.09.20 2016가단5036846

양수금

Text

1. The Plaintiff:

A. Defendant A shall complete the payment of KRW 78,933,611 and KRW 41,494,310 among them from October 12, 2015.

Reasons

The facts alleged by the Plaintiff as the cause of the instant claim do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings as a whole in the entries in Gap evidence Nos. 1 through 21 (including the branch numbers of evidence No. 3).

Therefore, Defendant A, the principal obligor, is obligated to pay the Plaintiff the balance of principal and interest 78,93,611 won and the principal principal 41,494,310 won with 17% per annum under the agreement from October 12, 2015 to the date of full payment. Defendant B, the joint guarantor, is jointly and severally liable with Defendant A to pay damages for delay calculated at the rate of 19,60,497 won and 13,901,333 won per annum under the agreement from October 12, 2015 to the date of full payment.

[Defendant B] did not receive the notification of the assignment of claims from the non-party Non-party Non-party Non-party Non-party Non-party Non-Party Non-Party Non-Party Non-Party Non-Party Non-Party Non-Party Non-Party 2, and thus, the Plaintiff’s claim is unreasonable. However, in the event that the claims against the principal debtor are transferred, unless otherwise stipulated by the parties, the claims against the guarantor are also transferred, and in this case, the requirements for setting up the assignment of claims are satisfied for the transfer of the principal claim, and it is sufficient to satisfy the requirements for setting up against the principal claim separately, and it is not necessary to satisfy the requirements for setting up against the principal claim (see, e.g., Supreme Court Decision 2002Da21509, Sept. 10, 200). In full view of the purport of the whole arguments as mentioned above, the Plaintiff can be recognized as having received the delegation of the Non-Party Credit Cooperative around June 23,