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(영문) 서울중앙지방법원 2016.11.25 2016가합20065

양수금

Text

1. The Defendant’s KRW 300,000,000 as well as annual 5% from December 10, 2015 to July 19, 2016 to the Plaintiff.

Reasons

1. The Plaintiff asserts that, in determining the cause of the claim, the Plaintiff acquired each loan claim held by the National Bank of Korea (hereinafter “National Bank”) against B Co., Ltd. (hereinafter “B”), and the Defendant jointly and severally guaranteed each of the above loans, and thus, the Defendant is obligated to repay the above loans. The Plaintiff asserts that, by an explicit partial claim, a claim is filed in the amount of KRW 150 million with the principal of each loan claim.

In addition to the purport of the entire argument in the evidence Nos. 1-1, 2, 2, and 4, the National Bank extended a loan of KRW 700 million per annum on April 30, 2012 and KRW 5.45% per annum on April 30, 2013 (hereinafter “the first loan”). The first loan of KRW 400 million per annum on April 45, 2015; the repayment period of KRW 400 million was 5.45% per annum on April 30, 2015 (hereinafter “the second loan”); the Defendant extended the principal and interest of KRW 84,00,000 as the representative director of B on the same day; the Defendant transferred the loans of KRW 20,000,000 to the Plaintiff on September 2, 2015; the Defendant transferred the loans of KRW 400,000,000,000, KRW 2067,506,57,195.27

According to the above facts, the Defendant, as a joint and several surety, is a joint and several surety, within the limit of KRW 840,00,000,000 for the total amount of principal and interest of the instant loans, and KRW 150,000 for part of the principal and interest of the instant loans, and KRW 150,000 for the principal and interest of the instant secondary loans, and for each of them, from December 10, 2015 to July 19, 2016, the delivery date of the original copy of the instant payment order, and KRW 5% per annum as prescribed by the Civil Act.

참조조문