beta
(영문) 서울서부지방법원 2016.08.11 2015가합39227

양수금

Text

1. The Plaintiff:

A. Defendant A shall pay full amounts of KRW 622,741,491 and KRW 259,325,684 among them, from August 12, 2016.

Reasons

1. Plaintiff’s claim against the Defendants

A. On May 10, 2007, Defendant A borrowed KRW 500,000,000 on a yearly interest rate, KRW 12% per annum, KRW 25% per annum, and the due date for payment on May 10, 2008.

On May 10, 2007, Defendant B guaranteed Defendant A’s obligation to the Komato Savings Bank with the maximum guarantee amount of KRW 750,000,000,000;

B) The repayment period of the above loan was extended by the agreement between the Defendants and the Komato Savings Bank, and finally extended by May 10, 201. (2) The Financial Services Commission around December 28, 2011 pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry, etc., decided to transfer a contract to the Komato Savings Bank, a new Savings Bank Co., Ltd. (hereinafter “New Savings Bank”) succeeded to the above loan claim of the Komato Savings Bank as of January 2, 201, and around that time, the aforementioned contract transfer was publicly announced in daily newspapers.

3) A) On October 15, 2013, the New Savings Bank transferred the above loan claims to C&B Investment Loan Co., Ltd. (hereinafter “C&B Investment Loan”), and notified Defendant A of the assignment of claims on November 201, 2013.

B) On February 17, 2015, C&B’s loan transferred the above loan claim to the Plaintiff on and around February 17, 2015, and notified Defendant A of the transfer of the above loan claim on and around February 18, 2015. Meanwhile, on February 17, 2015, the Plaintiff acquired the above loan claim, the principal claim amounting to KRW 259,325,684 and interest or delay damages amounting to KRW 345,596,935 were remaining.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

B. The judgment of the surety obligation is to transfer the obligation to the principal obligor, unless otherwise stipulated by the parties, if the obligation to the principal obligor is transferred, along with the obligation to the surety. In this case, the obligation shall be transferred.