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(영문) 서울중앙지방법원 2017.04.05 2016나61121

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 and 2:

On September 10, 2001, 12.5% per annum on interest rate of 20,000,000 to C, 18% per annum on the date of expiration of the loan, and on September 10, 2005, B and the Defendant jointly and severally guaranteed the above debt of C within the limit of 26,00,000,000.

(b) The “D” in the payment order (Evidence A) C and B (Evidence B) appears to be a clerical error in the “B,” in the Seoul District Court 2006 tea869, the Full Gun Court 2006Da869.

B against the Defendant C above

The claim that 4,500,000 won out of the principal amount and interest until April 30, 2005 were paid with respect to the claim for the loan under this paragraph, and the remaining payment order for the principal and interest of the loan was filed by the court of the above Gun on May 10, 2006. "C, B, and the defendant shall jointly and severally pay 15,50,000 won to the full-time cooperation and the amount equivalent to 12.5% per annum from May 1, 2005 to September 10, 2005, and 18% per annum from the next day to the date of full payment, and the payment order (hereinafter the above payment order was issued within the limit of 26,00,000 won) was finalized and confirmed on May 30, 2006."

C. On June 23, 2014, the Plaintiff acquired the claim for the instant loan from the Korea Development Bank. On September 18, 2015, the Korea Development Bank notified the Defendant of the assignment of the said claim and issued the notification to the Defendant around that time.

2. Determination:

A. According to the facts acknowledged in the above basic facts as to the Plaintiff’s cause of claim, the Defendant, a joint guarantor of the instant loan, is jointly and severally liable with the Plaintiff, a transferee of the instant loan, within the limit of KRW 26,00,000, which is the guarantee limit, unless there are special circumstances.