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(영문) 서울중앙지방법원 2020.09.01 2020가단5084514
양수금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. is from July 30, 2008 to KRW 126,020,028 and to KRW 66,328,592 among them.

Reasons

1. Determination as to the claim against Defendant D

(a)the indication below the claim:

2. Paragraph (a) and Defendant D are joint and several sureties of Defendant B Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”), and are liable within the limit of KRW 130,000,000.

Article 208(3)3 of the Civil Procedure Act (Judgment by service) of the applicable provisions of Acts

2. Determination as to the claim against the defendant company and C

A. 1) Basic Facts E Co., Ltd. (hereinafter “E”).

(2) On May 2, 2001, the loan agreement between the Defendant Company and the Defendant Company at the rate of 100,000,000 won per annum with an overdue interest rate of 15% per annum (hereinafter “instant agreement”).

The Defendant C and D concluded a contract, and Defendant C and D jointly and severally guaranteed each guarantee limit of KRW 130,000,000 with respect to the above obligation of the Defendant Company. 2) The F Co., Ltd. (hereinafter “F”) received from E on November 15, 2007 the claim against the Defendants (hereinafter “instant claim”).

3) The Defendant Company did not pay interest under the instant agreement. The Defendant Company filed a claim with the Seoul Central District Court No. 2008da96947 on September 23, 2008 against the Defendants on the ground of the loss of the term, and the above court rendered a ruling that “The Defendant Company shall pay to the Plaintiff the amount calculated at the rate of 20% per annum for KRW 126,020,028 and KRW 66,328,592 from July 30, 2008 to the day of full payment, and Defendant C and D shall jointly and severally pay the said amount within the limit of KRW 130,00,000 with the Defendant Company, and the above ruling was finalized on February 1, 2009 to the Defendant Company No. 2999, Oct. 20, 201, each of the instant claims was transferred to the Defendants Company No. 1984, Sep. 29, 2010.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, and the purport of the whole pleadings.

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