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(영문) 수원지방법원 2018.11.07 2018가단532662

보증채무금

Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 49,066,556 and KRW 47,947,103 among them. The Defendant shall pay full payment from May 29, 2018.

Reasons

1. As to the claim of the Plaintiff’s succeeding intervenor, the Plaintiff loaned KRW 100,00,00 to B on July 24, 2015; the Defendant jointly guaranteed the above obligation; the Defendant paid damages for delay calculated at the rate of 25% per annum if a cause for the loss of time limit occurs; the Company B lost the due interest on May 12, 2018; the Defendant lost the due interest on the loan as of May 28, 2018; the principal and interest on the loan was KRW 49,06,556 (principal principal amount, KRW 47,947,094; KRW 1,057,094; KRW 62,359) as of May 28, 2018; the Plaintiff transferred the above loan claims to the Plaintiff’s succeeding intervenor pursuant to the bond acquisition agreement concluded on April 4, 2008; and the Defendant notified the Defendant of the fact of the transfer to the Defendant on July 5, 2018.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff's successor intervenor 49,066,556 won with interest on loans and 47,947,103 won with interest on loans and delay damages calculated at the rate of 25% per annum from May 29, 2018 to the date of full payment.

2. The plaintiff filed the lawsuit in this case by asserting that the defendant has a claim for the loans under the above Paragraph (1) against the defendant, and since the plaintiff transferred the above claim to the intervenor succeeding to the plaintiff, the plaintiff's claim on the premise that the plaintiff has the above claim against the defendant is without merit.

3. As such, the plaintiff's claim by the succeeding intervenor is accepted on the ground of its reasoning, and the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.