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(영문) 서울중앙지방법원 2016.10.13 2016가합536911

양수금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 413,412,220 and KRW 300,629,529, among them, from May 17, 2016.

Reasons

1. Facts of recognition;

A. On July 18, 2008, the National Bank Co., Ltd. (hereinafter “National Bank”) concluded a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on a credit amount of KRW 6 billion, the expiration date of the credit, up to July 18, 2012, with the interest rate of KRW 1.00, the interest rate of KRW 1.00, the interest rate of KRW 1.00, and the interest rate of KRW 18% per annum. Defendant B guaranteed the Defendant’s obligation to the National Bank with the guarantee limit of KRW 7.8 billion.

B. The National Bank transferred the above loan claims against the Defendant Company (hereinafter “the instant loan claims”) to the Korea Securities Finance Corporation through the Korea Securities Finance Corporation, and notified the Defendant Company of the assignment of the above loan claims by means of content-certified mail.

C. After that, in the case of the compulsory auction for immovable property in Seoul Central District Court C, the amount of KRW 2,398,370,471, interest 46,182,371, and the remainder of the dividends was appropriated for KRW 55,127,424 and KRW 300,000,00 among the loan claims in this case, as dividends of KRW 3,219,680,266 on November 7, 2013.

The remaining principal amount of KRW 300,629,529 was transferred to the Plaintiff on November 17, 2015.

As of April 11, 2016, the balance of the instant loan claims as of April 11, 2016 is the principal amounting to KRW 300,629,529, and there is no dispute between the original Defendant and KRW 15.49% per annum from November 8, 2013 to April 11, 2016, which is the day following the said dividend date.

The overdue interest (damage for delay) calculated by 112,983, 476 300,629,529 x 15.49 x (2156/366) 413,613,05 won in total.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, 9, purport of the whole pleadings

2. According to the above facts of recognition, the defendant company as the principal debtor, and the defendant B as the guarantor.