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(영문) 서울북부지방법원 2020.06.18 2019가단102236

양수금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 200,575,268 and KRW 81,461,329 among them, from October 12, 2018.

Reasons

1. Facts of recognition;

A. On May 18, 201, Defendant D entered into a loan agreement with F Co., Ltd. (hereinafter “F”), setting the loan amount of KRW 85,00,00,000, the loan period of KRW 48 months, monthly payment of KRW 2,604,730, interest rate of KRW 20.4% per annum, overdue interest rate of KRW 29% per annum (hereinafter “instant loan agreement”).

Defendant E entered into a joint and several guarantee agreement between F and F on the same day with a maximum guarantee amount of KRW 110,50,000, and a guarantee period of KRW 48 months (hereinafter “instant joint and several guarantee agreement”).

B. After doing so, Defendant D did not pay monthly payments under the above loan agreement.

F concluded a loan agreement with the Plaintiff on April 29, 2015, and transferred claims based on the instant loan agreement and joint and several sureties agreement to the Plaintiff.

On May 11, 2015, the Plaintiff notified Defendant D, the primary debtor, by content-certified mail.

C. The principal and interest of a loan under the instant loan agreement is KRW 200,575,268 as of October 11, 2018 [The remaining interest remaining until March 31, 2015 of the principal = 35,621,657 won for overdue interest remaining until March 31, 2015, and KRW 83,492,282 won for overdue interest from April 1, 2015 to October 11, 2018 (=81,461,329 won x 1,290 days x 29% x 365 won)];

[Based on recognition, Gap evidence Nos. 2 through 7 (including the number of pages), Gap evidence No. 1-2 (each application for a loan, and each of the above documents is made by the defendant Eul's name, and there is no dispute between the plaintiff and the defendant E, and thus, the authenticity of the whole of the above documents is presumed to be established. Defendant E is presumed to have been established, since the loan company's employees borrowed KRW 2 million, the loan company's employees granted the defendant E's seal impression to the loan company's employees and affixed the seal impression on any of the documents, while Defendant E affixed the seal impression on the documents, although there was a fact that Defendant E signed and sealed the seal impression on each of the above documents, there is no evidence to acknowledge the above assertion, the whole purport of arguments, and the whole purport of arguments.

2. Determination.