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(영문) 부산지방법원 동부지원 2018.10.11 2017가합106212

양수금

Text

1. The Defendants jointly and severally omitted the part of the Plaintiff’s claim in this case’s purport.

Reasons

1. Facts of recognition;

A. Defendant B entered into a loan agreement with the Small and Medium Business Corporation to repay KRW 150 million on June 25, 2012 for two years after one year’s grace period, setting the rate of damages for delay at 12% per annum, and concluded a loan agreement to repay KRW 200 million from the Small and Medium Business Corporation for two years after one year’s grace period on March 19, 2013, setting the rate of damages for delay at 12%, respectively.

(hereinafter referred to as “each of the instant loan agreements”). B.

On August 1, 2014, Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) and the Small Business Corporation and Defendant B, the representative director of Defendant A, assumed obligations under each of the above loan agreements by Defendant B, and the Small Business Corporation and the Defendant B accepted such obligations, and the Defendant B entered into an agreement with the Small Business Corporation to jointly and severally guarantee the said obligations assumed by Defendant A.

C. On December 9, 2016, the Plaintiff received loans from the Small and Medium Business Corporation pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation (hereinafter “instant loans”) under each of the above agreements from Defendant A and Defendant B. The fact of the acquisition was notified to the Defendants around January 9, 2017.

As of September 11, 2017, the sum of each of the instant claims against the Defendants by the Plaintiff is KRW 396,201,637 (i.e., principal amount of KRW 293,369,232, and interest KRW 102,832,405).

【Ground of recognition】 Each entry of evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally acquired the instant claim to the Plaintiff, and KRW 293,369,232 from September 11, 2017 to April 11, 2018, 12% per annum, which is the interest rate for delay as stipulated in each of the instant loan agreements, from September 11, 2017 to April 11, 2018.