beta
(영문) 서울중앙지방법원 2015.01.09 2014가합584558

양수금

Text

1. The defendant shall be jointly and severally with the plaintiff 248,422,224 won and 171,355,128 won among them.

Reasons

1. Indication of claim;

A. Around September 21, 2007, E&C Co., Ltd. (hereinafter “E&C”) borrowed KRW 500 million from Hana Bank at the maturity of March 21, 2008, interest rate of KRW 8.76% per annum, and delay delay damages rate of KRW 19% per annum (17% per annum where the delayed period of less than three months is less than three months). The Defendant guaranteed the above loans owed by Hana Bank.

B. Around August 26, 2010, the above loan claims against the non-party company of the Han Bank were transferred to the Plaintiff on or around April 5, 2012, to the Non-party company of the Han Bank, on or around August 26, 2010, to the United States of America, the CFIC, and the DEAWRE, on or around September 27, 2010, to the Korea-U.S. L&A loan company, and the non-party company was notified of the transfer of the claim at or around August 13, 2013.

C. The remaining debt amount of the non-party company’s above loans is KRW 248,422,224 as of July 18, 2014, the sum of the principal amount of KRW 171,35,128, interest or delay damages, and KRW 77,067,096.

Therefore, the Defendant, a joint and several surety for the above loans, is jointly and severally liable to pay 248,422,224 won, which is the sum of the principal and interest outstanding to the Plaintiff, as well as 171,35,128 won, which is the principal and interest outstanding, to the non-party company as the principal obligor, and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;