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(영문) 서울중앙지방법원 2019.11.20 2019가합514479

양수금 및 보증채무금

Text

1. The defendant shall pay to the plaintiff KRW 226,639,305 and KRW 218,225,818 among them from June 15, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant jointly and severally guaranteed the principal and interest obligation of D (hereinafter “D”) to C Co., Ltd. (hereinafter “C”) as shown in the following table 1:

(hereinafter referred to as "each principal and interest of this case" . [Attachment 1] . The respective ratios stated in the "interest rate for delay" on the loan amount for the lending date of the lending date of the lending date of the upper limit under the loan transaction agreement. As D and the defendant have delayed payment of principal and interest for at least 91 days, each ratio is applied to the interest rate for delay delay pursuant to Article 4 (3) of the same agreement, and there is no dispute between the parties.

Guarantee Limit (won) 1 on November 26, 2009 1,000,000 Agricultural and Food Enterprise Driving Funds 1,80,000,000,000 on November 26, 2012, 15% on April 10, 2013, 200, the Agricultural and Food Enterprise Driving Funds 90,000,000,000 on April 10, 2013, 15% on April 10, 2014, 108,000,003 on April 30, 200, 200 1,08,850,000 on other financial facilities funds 4,850,00 on April 30, 209, 10% on April 10, 2014, 60,0000

B. On September 29, 2014, C transferred each of the principal and interest claims of this case to the Plaintiff, and notified D thereof on September 30, 2014.

C. The distribution result of the instant principal and interest loan claim on the date of distribution of the auction procedure [the distribution result related to the instant auction procedure] conducted in relation to 124 real estate, including 1,160 square meters, located in Bosung-gun, Jeonsung-gun, Ma, etc. on June 14, 2016, in relation to the distribution of 124 real estate, including 1,160 square meters, owned by the Defendant, D, etc., (hereinafter “instant auction procedure”).

[Attachment 2] (Unit 2] 290,00,00,000 309,014,794,309,014,014,794,119,526,225 189,48,569,48,569 290,000,00 28,916,974 118,916,916,974 90,174 90,72528,737,24928,737,249,249, 34,850,03,563,487,487,487,4813,487,4137,487,47,375, and 290

2. According to the above facts of recognition, the defendant, who is a joint and several surety of the principal and interest of this case, is a creditor, and the plaintiff is a creditor through the auction procedure.