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(영문) 서울중앙지방법원 2016.10.11 2014가단5288285 (1)

양수금

Text

1. The Defendant: (a) KRW 10,00,000 for the Plaintiff and the Plaintiff’s 18% per annum from April 25, 2014 to July 30, 2014; and (b) July 31, 2014.

Reasons

1. Loan of funds for small and medium enterprises with a maximum amount of 1.5 million won as of June 10, 201, the maximum amount of credit extended on June 10, 2010, the maximum amount of 1.8% 42 million won as of June 10, 201, for loans for small and medium enterprises with a credit guarantee of 1.8% as of April 27, 2012, the loan of 2.3 million won as of April 27, 2011;

A. B Co., Ltd. (hereinafter “B”) entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with the Industrial Bank of Korea as follows, and the Defendant jointly and severally guaranteed each of the above loans (hereinafter “each of the instant loans”) against the Industrial Bank of Korea (hereinafter “Corporate Bank”) within the limit of the guarantee limit below.

B. On March 27, 2014, a corporate bank transferred each of the instant loans to the Plaintiff. On March 28, 2014, the bank notified the transfer of the instant claims to B and reached the notification at that time.

C. B The principal and interest of each of the instant loans that were not repaid by April 24, 2014 are KRW 262,117,168 (principal KRW 244,449,804). The overdue interest rate set forth in the instant credit transaction agreement is 18% per annum.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including virtual number), and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 10,000,000, which the Plaintiff seeks from April 25, 2014 to July 30, 2014, the annual interest rate of KRW 18% per annum, which is the date of serving the original copy of the instant payment order from the following day to September 30, 2014, the annual interest rate of KRW 20% per annum from the next day to September 30, 2015, and delay damages at the interest rate of KRW 15% per annum from the next day to the date of full payment.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion bank concluded a contract with B to extend the time limit for each of the instant loans, and the Defendant retired from office as a director and representative director on October 7, 201, and entered into the instant credit transaction agreement between 2012 and 2013.