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(영문) 서울중앙지방법원 2017.03.08 2016가단5214042

양수금

Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for 25,102,378 won and 6,354,860 won among them. < Amended by Presidential Decree No. 2742, Jul. 28, 2016>

Reasons

1. The Industrial Bank of Korea loaned money to Defendant A Co., Ltd. as listed below, and Defendant B jointly and severally guaranteed the obligations of loans Nos. 1 and 3 as listed below.

On March 25, 2003, small and medium enterprise financing loans of KRW 160,000,000, which are joint and several sureties 400,000,000 as joint and several sureties 1 small and medium enterprise financing loans of KRW 72,000,000,000 on September 3, 2004, the Industrial Bank of Korea KRW 50,000,000 on September 23, 2004, to the non-party 60,000,000 on September 23, 2004, and the non-party 10,000,000 to the non-party 1-backed limited company specialized in the loan financing, to the non-party 1, SB Savings Bank (DongSSF Mutual Savings Bank Co., Ltd. prior to the merger), respectively, transferred the above loans to the Defendants, and notify the Defendants thereof.

The rate of delay interest applicable to each of the above loans shall be 15% per annum.

July 27, 2016 of each of the above loans shall be as follows:

(2) On September 8, 2004, 19, 160, 200, 160, 160, 160, 337, 337, 6, 354, 860, 860, 867, 518, 25, 102, 378 2. 6, 35, 354, 860, 860, 47, 281, 715 of loans of small and medium enterprise funds loans of 19,160,000 on September 8, 204, 204, 19, 303, 37, 337, 6,354, 860, 926, 85, 47, 281, 715 [Grounds] The purport of the entire pleadings, and the purport of the whole pleadings.

2. Determination

A. According to the facts of recognition of the cause of claim, the Defendants jointly and severally pay to the Plaintiff the amount of KRW 25,102,378, and the amount of KRW 6,354,860, the principal of the loan No. 1 of the above Table, calculated by the delay interest rate of KRW 15% per annum from July 28, 2016 to the date of full payment on the following day. Defendant B shall be paid within the limit of KRW 72,00,000, and Defendant A shall be paid within the limit of KRW 72,000,000, and Defendant A shall pay KRW 19,160,000, and the Defendants shall jointly and severally pay the amount of the loan No. 2 of the above Table 3.