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(영문) 제주지방법원 2016.09.01 2016가합239

양수금

Text

1. The defendant shall be jointly and severally with the plaintiff KRW 2,628,597,941 within the limit of KRW 3.9 billion and KRW 609,174,629 among them.

Reasons

1. Facts of recognition;

A. On November 15, 2006, the outstanding mutual savings bank established and lent 3 billion won to C on November 15, 2006 at the due date for repayment, 12% per annum, and 21% per annum.

At the time of the defendant and B, the defendant and the first mutual savings bank were jointly and severally and severally guaranteed the C's obligation to borrow loans within the limit of 3.9 billion won.

B. On November 18, 2009, the Plaintiff acquired loan claims, etc. against C to the excellent mutual savings bank.

On January 19, 2010, the best mutual savings bank notified C, the defendant, and B of the assignment of claims.

C. C paid interest to an outstanding mutual savings bank until March 5, 2007. From December 10, 2010 to December 20, 2012, part of the principal of the borrowed amount was repaid to the Plaintiff as follows.

An amount of the repayment date shall be KRW 175 million on December 1, 2011, KRW 31,546,361,514 on December 21, 201; KRW 17,463,830 on November 21, 201; KRW 40 million on March 30, 201, KRW 50 million on March 18, 2012; KRW 60 million on May 1, 201, KRW 7,5 million on May 21, 2012; KRW 100,000 on June 1, 2015, KRW 16,000 on June 29, 2012; KRW 8,000,000 on August 1, 201, KRW 16,000 on June 1, 201, KRW 15,000 on August 14, 2012.

D. The sum of interest or delay damages from March 5, 2007, which was the date of lease for each part of payment C, to the date of each payment is KRW 2,019,423,285.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. According to the facts found by the Defendant’s monetary payment obligation, the Defendant, a joint and several surety for the obligation of the Defendant, is jointly and severally with the Plaintiff, the assignee of the obligation, and the agreement is the rate of KRW 2,628,597,941 (i.e., the remainder of the principal and interest, etc. within the limit of KRW 3.9 billion (i.e., the total amount of interest and delay damages incurred from the loan to the repayment date), and KRW 2,019,423,285 (i.e., the total amount of interest and delay damages incurred from the repayment date to the repayment date), and KRW 609,174,629 (i.e., the date following the final interest payment of KRW 609,174,629), which was due from March 6, 2007 to November 15,