beta
(영문) 서울남부지방법원 2017.01.06 2016가단210942

양수금

Text

1. The Defendants shall jointly and severally pay KRW 100 million to the Plaintiff 19% per annum from March 29, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On February 10, 2006, Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a credit transaction agreement with each of the Defendant B’s joint and several sureties Capital Co., Ltd. (former trade name: EelS Capital Co., Ltd., Ltd., Korea General Capital Co., Ltd., Ltd., and 185 million won and each of the loans of KRW 543,908,930 and KRW 185,000,000 under the joint and several sureties Co., Ltd., a representative director. (hereinafter “Defendant Company”).

(F) From the following day to the order, the term of repayment for each of the above loans was February 9, 2009; interest rate was 12% per annum; interest rate was 19% per annum; interest rate was 10% per annum; and interest payment date was determined to be repaid in full at maturity.

B. around February 9, 2009, EXE and Defendant Company entered into an agreement to change the repayment period of the instant loan No. 1 to February 9, 2010, with the amount of the instant loan KRW 540 million, and the repayment period of the instant loan No. 2 as February 9, 2010.

C. On February 13, 2006, EXE entered into a transfer security agreement with the Defendant Company on the attached list machinery owned by the Defendant Company for the purpose of securing each of the instant loan obligations, and on the same day, set up a notarial deed of a money loan agreement for transfer security with a declaration of acceptance of compulsory execution.

On December 10, 2014, the Plaintiff entered into a contract for the acquisition of claims from EXE to acquire each of the instant loans. On December 24, 2014, the Plaintiff also delegated the authority to notify the assignment of claims and notified the Defendants of the assignment of claims.

In addition, the Plaintiff notified the Defendants of the second assignment of claims by serving the instant complaint.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 9, Gap evidence 11, and Gap evidence 12, the whole purport of oral argument

2. Determination as to the claim against the defendant company

A. The Plaintiff asserted that the Plaintiff acquired each of the instant loans from EXE to the Defendants. As of December 10, 2014, the principal balance of KRW 434,433,001 is the total amount of KRW 434,43,00.