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(영문) 서울중앙지방법원 2014.12.15 2014가단5027824

양수금

Text

1. The Plaintiff:

A. Defendant A and B jointly and severally share KRW 35,103,049 and KRW 19,947,194 among them. From January 21, 2014

Reasons

1. Determination on the cause of the claim

A. The Macheon YMCA Credit Cooperatives (hereinafter “New Cooperatives”) loaned each of the loans to Defendant A at KRW 100 million on June 22, 1999 (per June 22, 2001) and KRW 20 million on June 25, 2002 (per June 25, 2004), respectively, around June 25, 2002.

c) indicate '1' and '2 loans'

(2) On June 21, 2013, Defendant CA and Defendant B provided joint and several sureties with respect to one loan. (2) On or around July 28, 2014, the New Cooperatives transferred to the Plaintiff the claim for the balance of 1,2 loan to the Defendants, and notified Defendant A of the transfer on or before July 28, 2014. (3) As of January 20, 2014, the principal and interest of the claim for the balance of 1,2 loan as of January 20, 2014 are indicated below, and the interest rate for interest applied by the Plaintiff is 15,582,834 11,807,807, 356, 27, 390, 1947, 15, 195, 194, 15, 195, 1935, 3639, 20536, 2395, 2014

B. Therefore, barring any special circumstance, Defendant A and B are jointly and severally liable to pay to the Plaintiff 35,103,049 won, which is the balance of the two loans, and the interest of KRW 19,947,194, which is the principal, to the day of full payment, 17% per annum from January 21, 2014, which is the following day of the above base date until the day of full payment. Defendant A and C jointly and severally are jointly and severally liable to pay the interest of KRW 27,390,190, which is the balance of the one loan, and KRW 15,582,834, which is the principal from January 21, 2014 to the day of full payment.

2. Determination as to Defendant A and C’s assertion

A. According to the evidence evidence evidence No. 1 as to whether Defendant C was excluded from the guarantor around 2002, it can be recognized only to the fact that Defendant C was exempted from the guarantee on June 22, 2001, and there is no other evidence to acknowledge the fact that Defendant C was exempted from the guarantee.

B. The Defendants whether one loan obligation has been repaid or not are paid out shall apply for an auction of the E-building at the time of net Incheon City, which was a security for one loan.