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(영문) 서울중앙지방법원 2016.01.20 2015나37930

양수금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Determination on the cause of the claim

(a) Facts of recognition 1) Hyman Capital Co., Ltd. (hereinafter referred to as “Deficial Capital”);

(3) On February 14, 2008, the Defendant-known Tourism Co., Ltd. (hereinafter “Defendant Company”)

) A loan extended at an interest rate of KRW 95,00,000 per annum, 18% per annum, 48 months during the loan period, and 29% per annum. The Defendant Company paid the principal and interest of the loan in equal installments every month during the loan period, but the legal procedure expenses incurred by the Plaintiff for preservative measures, compulsory execution, etc. due to nonperformance by the Defendant Company, etc. were entered into a loan agreement with the Defendant Company to pay for the amount of KRW 95,00,000 to the Defendant Company on the same day (hereinafter “instant loan”).

(2) At the time, on December 27, 2013, Defendant A jointly and severally guaranteed the above loan obligations against the Plaintiff of the Defendant Company, Defendant A transferred the instant loan obligations to the Korea LAL Asset Management Loan Co., Ltd. (the Plaintiff filed the instant lawsuit, but was deemed to have been withdrawn from the lawsuit by failing to appear in the first instance trial on two occasions; hereinafter referred to as “Korea LAL”), and on February 13, 2014, Defendant A notified the Defendants of the said assignment of the instant loan obligations upon delegation from the NEL Capital, and on December 12, 2014, Defendant A again transferred the instant loan obligations to the Intervenor on December 12, 2014, and the Intervenor notified the Defendants of the fact of the said assignment of the loan obligations on or around January 2015.

3) As of June 27, 2014, the balance of the principal and interest of this case as of June 27, 2014 is KRW 88,723,586 in total (i.e., principal amount of KRW 44,652,448 KRW 6,414,928 KRW 36,819,790 delay delay damages amounting to KRW 836,420). [In the absence of dispute over grounds for recognition, Gap's evidence 1 through 4, Byung's evidence 1, 2, and Byung's evidence 1, 2, and 2, the purport of the whole pleadings,

B. According to the above facts of determination, the defendants shall jointly and severally pay 88,723,586 won to the plaintiff, barring special circumstances.