beta
(영문) 서울중앙지방법원 2015.02.04 2014가합60762

양수금

Text

1. The Defendants shall jointly and severally serve as KRW 1,449,133,200 on the Plaintiff and as a result, from March 1, 2010 to March 31, 2010.

Reasons

1. Facts of recognition;

A. On October 27, 2009, the non-party mutual savings bank organized a credit transaction agreement with the Defendant on the credit limit amounting to 1,400,000,000 won, interest rate of 14% per annum on October 27, 2010, and damages for delay rate of 25% per annum (hereinafter “the credit transaction agreement of this case”) (hereinafter “the credit transaction agreement of this case”), and the interest and damages for delay are added to the loan amount regardless of whether the credit limit exceeds the credit limit amount, and in this case, the amount exceeding the credit limit was immediately agreed to be repaid.

(hereinafter referred to as the “instant loan obligations”) under the said credit transaction agreement.

Defendant B, C, and D jointly and severally guaranteed the obligation of the instant loans within the limit of KRW 1,820,000 on the same day.

C. The instant loan obligations amounted to KRW 1,449,133,200 exceeding the credit limit amount around February 28, 2010.

Defendant A failed to repay the above loan obligations by March 31, 2010, and thus, from April 1, 2010, Defendant A applied an annual interest rate of 25% damages for delay to the loan obligations of this case.

C. The instant credit transaction agreement was transferred from a mutual savings bank to the Plaintiff, as seen by the Financial Services Commission’s decision on the transfer of contracts as of September 5, 2011.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1-3 (including branch numbers, if any; hereinafter the same shall apply) and the purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the loan amount of KRW 1,449,13,200 and interest or delay damages at the rate of 14% per annum, which is the agreed interest rate from March 1, 2010 to March 31, 2010, and 25% per annum, which is the agreed delay damages rate from the next day to the date of full payment. Defendant B, C, and D are jointly and severally liable to pay to the Plaintiff the loan amount of KRW 1,820,00,00 per annum.

3. Defendant A and C’s assertion.