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(영문) 수원지방법원 안산지원 2018.11.09 2017가단68168
양수금
Text

1. The defendant shall pay 39,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

Facts of recognition

A. On March 29, 2006, Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”) loaned KRW 20 million (20 million (hereinafter “B”) interest at 11.5% per annum, interest at 24% per annum, interest at 20% per annum, and 36 months after the due date (hereinafter “the first loan”). On the same day, the Defendant jointly and severally guaranteed the first loan obligation amounting to KRW 20 million.

B. On March 29, 2006, Hyundai Capital loaned 7.5% interest per annum; 24% per annum; and 36 months after the due date of payment (hereinafter “instant second loan”); the Defendant, on the same day, set the guarantee limit amount of the instant second loan obligation as KRW 19 million.5 million.

C. Since then, Hyundai Capitals filed a lawsuit against B and the Defendant seeking the payment of principal and interest of the First Loan as Seoul Central District Court 2006 Ghana2308219.

In the above case, the decision of performance recommendation made on November 30, 2006, which accepted the claim against the defendant, was finalized on November 30, 2006, and the decision of accepting the claim against B was rendered on October 24, 2007 and confirmed on November 30, 2007.

Mog Capital, as Seoul Central District Court 2006Gaso2289219, filed a lawsuit against B and the defendant seeking the payment of principal and interest on the second loan of this case.

On February 14, 2007, the above court rendered a judgment accepting the claim of Hyundai Capital, and the above judgment became final and conclusive on March 30, 2007.

E. After May 20, 2016, Hyundai Capital transferred the instant Claim Nos. 1 and 2 and its joint and several debt claims to the Plaintiff, and notified the Defendant of the assignment of the claim at that time.

F. As of September 20, 2017, the principal and interest of the instant loan claim were KRW 5,550,335 in total (i.e., the principal and interest of KRW 15,984,224 in interest of KRW 39,54,141 in interest of KRW 11,970 in interest of KRW 15,984,224). The principal and interest of the instant loan claim are KRW 35,059,527 in total (i.e., the principal and interest of KRW 10,165,337 in interest of KRW 24,894,190 in interest of KRW

[Reasons for Recognition] There is no dispute;

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