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(영문) 부산지방법원동부지원 2020.08.19 2020가단206009

양수금

Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 158,265,166 and Defendant A Co., Ltd. from February 21, 2020.

Reasons

1. Facts of recognition;

A. C Bank loans each of the Defendant A Co., Ltd. (hereinafter “Defendant Company”), KRW 80,00,000 on July 17, 2012, and KRW 1,085,00,000 on November 26, 2012, and KRW 100,000 on July 10, 2013.

B. Defendant B jointly and severally guaranteed each of the above loans owed by Defendant C Bank. Defendant B agreed to the respective limits of KRW 96,00,000 for the loans owed on July 17, 2012, KRW 1,320,000 for the loans owed on November 26, 2012, and KRW 120,000 for the loans owed on July 10, 2013.

C. On September 29, 2014, C Bank transferred each of the above principal and interest of loan to the Defendants 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. On October 6, 2014, C Bank notified the Defendants of the transfer of the above credit.

Around March 29, 2015, a considerable portion of the principal and interest of a loan was repaid and the plaintiff first appropriated it to the principal. Accordingly, all of the principal and interest of a loan became extinct due to repayment, and a total of 158,265,166 won (a loan dated July 17, 2012: 8,234,520 won, and a total of 8,237,496 won, and loans from November 26, 2012: 139,737,496 won, and loans from July 10, 2013: 10,293,150 won) remain.

[Grounds for Recognition: Each entry in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings]

2. According to the above facts of determination, the defendants jointly and severally take over each of the principal and interest of this case (in case of defendant B, within the limit of guarantee limit of each contract) and the total of 158,265,166 won and damages for delay, following the delivery of a copy of the complaint, the defendant company is obligated to pay damages for delay calculated at the rate of 12% per annum from February 21, 2020 to the day of full payment, and from January 31, 2020 to the day of full payment.

Although Defendant B asserts that the total amount of principal and interest, including interest, has been paid at the relevant auction procedure, it shall be recognized.