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(영문) 서울중앙지방법원 2018.06.21 2017가단88092

양수금등

Text

1. The Defendants jointly pay to the Plaintiff KRW 51,184,419, and KRW 37,690,460 among them, from August 3, 2017.

Reasons

1. Basic facts

A. On January 16, 2013, the New Bank loaned KRW 50,000,000 to Defendant A limited liability company (hereinafter “Defendant Company”) under the joint and several sureties (Guarantee Limit of KRW 60,000,000) by Defendant B.

(hereinafter referred to as the "loan of this case"). (b)

On June 30, 2014, the New Bank transferred the principal and interest interest claim of this case to the Plaintiff.

C. The amount of the principal and interest of the instant loan outstanding as of August 2, 2017 is KRW 51,184,419 (= Principal KRW 37,690,460 in interest of KRW 13,493,959). The agreed delay damages rate is 15.56% per annum.

[Ground for recognition] Defendant Company: The fact that there is no dispute between Defendant B and Defendant B, each entry in Gap evidence Nos. 1 through 6 (including the provisional number), and the purport of the whole pleadings by the conclusion of the judgment based on the presumption of confession (Article 208(3)2 of the Civil Procedure Act)

2. According to the allegations and the above facts, Defendant B, a joint and several surety with the Defendant Company, is jointly obligated to pay to the Plaintiff the principal amount of KRW 51,184,419 and the principal amount of KRW 37,690,460 among them at the rate of 15.56% per annum from August 3, 2017 to the date of full payment. However, Defendant B, a joint and several surety, has the obligation to pay the said amount within the limit of KRW 60,000,000, which is the guarantee limit amount.

As to this, Defendant B defense that the principal and interest obligation of this case were fully repaid with the successful bid price of secured real estate. However, there is no evidence to acknowledge this assertion, and the above defendant's defense of repayment is without merit.

3. Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.