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(영문) 서울중앙지방법원 2019.07.25 2017가합15381

양수금 등

Text

1. The Defendant’s KRW 500,000,000 as well as annual 15% from January 7, 2017 to May 31, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 12, 2013, Korea Development Bank concluded each loan transaction agreement with C Co., Ltd. (hereinafter “C”) as listed below, and leased the pertinent loan principal to C (hereinafter collectively referred to as “instant loan agreement”), and the representative director D of C jointly and severally guaranteed the above loan obligation.

Where the loan principal of the loan is at least three months for the overdue period, 15% per annum per annum of 1.0 billion won of the loan for industrial operation of 1.0 billion won, a joint and several surety for the delayed interest rate, D 15% per annum of 900 million won of the loan for industrial operation of d 2

B. On December 6, 2013, the Defendant prepared “Additional Agreement (Evidence 2-7)” and “Special Agreement (Evidence 2-4)” and “Special Agreement (Evidence 2-4)” prepared in relation to the instant loan agreement in the position of a joint and several surety, which provides that all of the instant loan obligations and interest thereon, damages for delay, and other incidental obligations shall be jointly and severally guaranteed, and the loan agreement in addition to the “Additional Deed of Joint and Several Guarantee Amount (Evidence 2-7)” and the “Additional Agreement (Evidence 2-6)” and the “Special Agreement (Evidence 2-4)” prepared in relation to the instant loan agreement in the position of a joint and several surety, and delivered it to the Korea Development Bank.

C. C lost the benefit of time due to the failure to pay the instant loan and its interest to the Korea Development Bank. The Korea Development Bank entered into a contract with E Co., Ltd. on June 2, 2015 on the asset acquisition of the instant loan claims pursuant to the Asset-Backed Securitization Act. On June 26, 2015, the Plaintiff acquired assets on the instant loan claims from E Co., Ltd. with the consent of the Korea Development Bank on June 26, 2015 from E Co., Ltd. taking over all the rights,

On June 29, 2015 and July 2, 2015, the Korea Development Bank notified the transfer of credit to C.

E. The remainder of the loan of this case as of January 6, 2017 is KRW 2,420,907,751 = Principal 1,700,000,000.