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(영문) 서울중앙지방법원 2017.09.13 2017가합27261

양수금 등

Text

1. The defendant shall not exceed KRW 500,000,000 jointly and severally with the plaintiff within the scope of KRW 1,800,000,000.

Reasons

1. Basic facts

A. On March 27, 2009, the Industrial Bank of Korea entered into a credit transaction agreement with B Co., Ltd. (hereinafter “B”) and the loan subjects with a small and medium enterprise facility loan amount of KRW 1.5 billion; interest rate of KRW 1.5 billion; interest rate of KRW 1.5 billion; interest rate of KRW 15.68% per annum; and damages rate of KRW 1.5 billion (hereinafter “instant loan”); and the Defendant set the guarantee limit amount on the same day as KRW 1.8 billion and guaranteed the debt of this case.

(hereinafter referred to as the “joint and several sureties of this case”).

On November 25, 2010, the Industrial Bank of Korea and the Joint Asset Management Co., Ltd. (hereinafter “Joint Asset Management”) entered into a contract on the acquisition of assets that transfer the rights and obligations with respect to specific claims of the Industrial Bank of Korea, including the instant loans, to the management of combined assets.

On December 23, 2010, the Plaintiff, the Industrial Bank of Korea, and the management of combined assets entered into a contract for the transfer and acquisition of assets under a contract for the transfer of rights and obligations concerning assets transferred from the Industrial Bank of Korea to the Plaintiff. On December 24, 2010, the management of assets entered into a contract for the transfer and acquisition of assets under a contract for the transfer of assets by December 24, 2010.

C. The principal and interest of the instant case are KRW 1,839,849,403 as of March 14, 2017 (i.e., the principal and interest of the loan amounting to KRW 1,036,073,788,1,036,073,788 (i.e., interest accrued until April 30, 2012 from KRW 11,967,718,036,073,788) and interest accrued from May 1, 2012 to March 14, 2017 to KRW 791,80,807,897).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-1, 2, 3-1, 1, and Eul evidence 1, the purport of the whole pleadings

2. The plaintiff seeks payment of KRW 500 million out of the principal and interest of this case and damages for delay. According to the above facts of recognition, the defendant, who is a joint guarantor of the loan of this case, is jointly and severally liable to pay KRW 500 million to B and the plaintiff within the limit of KRW 1.8 billion, which is the guarantee limit.