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(영문) 수원지방법원 2020.09.08 2020가단507911
양수금
Text

1. The defendant is jointly and severally with D to KRW 127,545,102 and KRW 38,184,805 among them, respectively, from December 5, 2019.

Reasons

1. Facts of recognition;

A. D entered into a credit guarantee agreement with E organization on December 18, 1998 with respect to the obligation to repay the principal and interest to be borne by receiving a loan from a financial institution, setting the guarantee amount of KRW 50,000,000, and KRW 3 years from the date of the guarantee period, and when E organization performs the guarantee obligation, D agreed to pay the principal and interest in accordance with the interest rate as determined by E organization.

On the same day, the defendant jointly and severally guaranteed all debts owed by D to E organizations in accordance with the above credit guarantee agreement.

B. D received a credit guarantee from the E organization and received a loan from the F Association on December 18, 1998 (hereinafter “instant loan”), and the repayment date was not made by the E organization, and the E organization made payment by subrogation to the F Association as a guarantor.

C. On March 28, 2011, the E organization filed an application with D and the Defendant for a payment order seeking reimbursement for the amount of reimbursement under the Suwon District Court Decision 201j1837, and received an order to pay “D and the Defendant jointly and severally with the E organization 85,178,523 won and 38,184,805 won per annum from March 15, 2011 to the date of final delivery of the original copy of the payment order, and 20% per annum from the next day to the date of full payment.” On April 14, 2011, the above payment order became final and conclusive.

On December 13, 2018, the E organization transferred claims for reimbursement against D and joint and several surety claims against the Defendant, respectively, and notified D and the Defendant of each of the above assignment of claims on December 26, 2018, and each of the above notifications reached D and the Defendant around that time.

E. As of December 4, 2019, D’s obligation owed to the Plaintiff is KRW 127,545,102 in total of KRW 38,184,805, and KRW 89,360,297, including interest and delay damages, and the agreed interest rate is 12% per annum.

【Reasons for Recognition】 Each entry of evidence Nos. 1, 2, 4, and 6, and the purport of the whole pleadings

2. The defendant's merits.

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