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(영문) 서울중앙지방법원 2014.12.10 2014가합573596
양수금
Text

1. Defendants are jointly and severally liable to the extent of KRW 240,00,000, and Defendant A shall not exceed KRW 309,942,729, and the Plaintiff’s amount of KRW 309,942,729.

Reasons

1. On July 13, 2009, the Small and Medium Business Corporation, with the indication of the claim, extended a loan of KRW 200,000,000 per annum 4.42% per annum, and 12% per annum per annum at the overdue interest rate, to Defendant Mine, Inc. (hereinafter “Defendant Mine”).

Defendant A guaranteed the above loan obligations within the limit of KRW 240,000,000 on the same day.

On December 3, 2013, the Small and Medium Business Corporation transferred the above loan claims to the Plaintiff and notified the Defendants of the assignment of claims.

The Plaintiff is jointly and severally liable to the Defendants, and against Defendant A, within the scope of KRW 240,00,00,000, the guarantee limit amount of KRW 309,942,729 as of September 3, 2014 and the principal amount of KRW 199,99,998, which is the following day of the above base date, shall be paid at the rate of 12% per annum which is the overdue interest rate from September 4, 2014 to November 3, 2014, and at the rate of 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. Articles 208 (3) 2 and 150 (1) and (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming that the relevant provisions of Acts are private);

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