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(영문) 부산지방법원동부지원 2020.01.21 2019가단203813

양수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 204,238,903 and KRW 182,396,303 among them. < Amended by Presidential Decree No. 21302, Feb. 12, 2009>

Reasons

On November 21, 2005, Defendant A Co., Ltd. (hereinafter “Defendant A”) loaned KRW 285,00,000 annually from the Small and Medium Business Corporation (hereinafter “Non-Party Corporation”) to KRW 4.4% per annum and KRW 12% per annum. Defendant B jointly guaranteed the above principal and interest obligation to Non-Party B to the Non-Party Corporation; Non-Party B filed an application with the Defendants for payment order with Seoul Southern District Court 2009Gu2151 as the Defendant Company did not pay the above principal and interest obligation; the above court held that “the Defendants jointly and severally transferred to the Plaintiff KRW 291,960,700 and among them, KRW 270,118,100 to the Plaintiff and KRW 12% per annum from the date following February 12, 2009 to April 7, 2009; and that the payment order was issued with 205% per annum and KRW 45% per annum from the date following the issuance of payment order to the Plaintiff.

Meanwhile, after the issuance of the above payment order by Nonparty Corporation, the Plaintiff recovered KRW 87,721,797 from the Defendants and appropriated it for the principal and then transferred the above claim for reimbursement to the Plaintiff. Therefore, the Defendants are jointly and severally liable to pay the amount stated in paragraph (1) of this Article to the Plaintiff.

Thus, the plaintiff's claim against the defendants is justified, and all of them shall be accepted.