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(영문) 대전지방법원 2015.04.01 2014가단223237

양수금

Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable for KRW 7,879,675 and KRW 2,941,861 among them:

B. Defendant A shall be 112,482.

Reasons

1. Determination as to claims against Defendant A and C

A. Indication of claims: It is as shown in the Attached Form “Cause of Claim”.

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act;

2. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, 5, and 8 as to the claim against defendant B, defendant A entered into an installment financing agreement with Hyundai Capital Co., Ltd. on June 5, 1997, and defendant B and C jointly guaranteed the defendant's above loan obligation on the same day, and the plaintiff acquired the claim against the defendants from Hyundai Capital Co., Ltd., and the plaintiff acquired the above loan obligation against the defendants. The principal of the installment financing agreement remains in KRW 2,941,861, and the interest accrued until September 30, 2014 remains in KRW 4,937,814.

According to the above facts of recognition, Defendant B is jointly and severally and severally with Defendant A and C (=2,941,861 + 4,937,814) and damages for delay calculated at the rate of 17% per annum from October 1, 2014 to the date of full payment. Thus, Defendant B is obligated to pay damages for delay calculated at the rate of 17% per annum for KRW 2,941,861 among them. Thus, the Plaintiff’s claim of this case is with merit, and it is so decided as per Disposition.