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(영문) 서울중앙지방법원 2017.06.13 2016가합28595
보증채무금
Text

1. The defendant shall be jointly and severally with the plaintiff B.

(a) 646,385,983 and any of them within the limit of 960,000,000 won;

Reasons

1. Loan 800,000,000 won per annum 21% per annum on November 25, 2010, 2010,000 won for small and medium enterprise loan 10,000,000 won per annum on February 26, 2010, in the case of overdue interest rate of 80,00,000,000 won for loans for small and medium enterprise loan 21% per annum 21% per annum on February 26, 2010;

A. On November 27, 2009, the Industrial Bank of Korea lent a total of KRW 900,000,000 as listed in the table below to B Co., Ltd. (hereinafter “B”) (hereinafter “instant loan”) (hereinafter “instant loan”) and the Defendant jointly guaranteed each of the above loans to the extent of the amount stated in the “limit on Guarantee” column as listed below.

B. Under the Asset-Backed Securitization Act, the Industrial Bank of Korea concluded, on November 25, 2010, a joint asset management company and an asset acquisition agreement with the Plaintiff respectively, and on December 23, 2010, a joint asset management company and an asset acquisition agreement with the Plaintiff, respectively.

Accordingly, the Plaintiff acquired assets including each of the instant loans to B by transfer of all rights, obligations, and status under the contract. Around that time, the Plaintiff satisfied the requirements for setting up against the assignment of claims under the Asset-Backed Securitization Act.

C. The principal of and interest on the remaining debt as of November 24, 201 is KRW 1,001,941,539 with respect to the first loan of this case (i.e., KRW 800,000,000 with interest of KRW 201,941,539 with respect to the second loan of this case) and KRW 125,164,055 with respect to the second loan of this case (i.e., principal amount of KRW 100,000,000 with interest of KRW 25,164,055).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 9, the purport of whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant shall be jointly and severally with the plaintiff, barring special circumstances, and ① KRW 646,385,983, which the plaintiff seeks to make a partial claim to the extent of KRW 960,00,000 with respect to the first loan of this case (= Principal KRW 44,444,444, KRW 201,941,539), and KRW 44,44,4444 among them, and ②.

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