beta
(영문) 부산지방법원동부지원 2020.02.12 2019가단211135

양수금

Text

1. The Plaintiff:

A. As to KRW 155,198,70 and KRW 100,000 among them, Defendant A Co., Ltd., from April 4, 2019 to KRW 20,000.

Reasons

1. Facts of recognition;

A. On August 8, 2013, the Small and Medium Business Corporation entered into a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the amount of loan KRW 100,000,000 per annum, interest rate of KRW 4.41% per annum, interest rate of KRW 12% per annum, interest rate of KRW 12% per annum, and interest and interest every two years after one year of repayment method, and carried out the loan of KRW 100,00,000 with the Defendant Co., Ltd. as a policy loan (hereinafter “instant loan”).

At the time, Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the obligation of the instant loan to the Small and Medium Business Corporation with the guarantee limit of KRW 120,000,000.

B. On December 9, 2016, the Small and Medium Business Corporation transferred the principal and interest claim of the instant loan to the Plaintiff, and on the same day, sent the said assignment to the Defendants by way of content-certified mail.

(hereinafter referred to as “instant transfer notification”) C.

As of April 3, 2019, the principal and interest of the instant loan is 155,198,700 won in total, including the principal and interest of 100,000,000 won for delay damages, and 55,198,700 won for delay damages.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3, the purport of the whole pleading

2. Determination:

A. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Plaintiff, the assignee of the principal and interest claim of the instant loan, and the Defendant Company, as the assignee of the instant loan, is obligated to pay the total of KRW 155,198,700, and damages for delay as to the principal and interest of KRW 100,000,000, out of the principal and interest of the instant loan. Defendant B is jointly and severally liable with the Defendant Company to pay KRW 120,000

B. As to the Defendants’ assertion, the Defendants asserted to the purport that the Defendants cannot respond to the Plaintiff’s claim since they did not receive the instant notification of transfer.

The facts that the notice of the transfer of this case was sent to the Defendants by content-certified mail are as seen earlier, and the content-certified mail was returned, in special circumstances.