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(영문) 부산지방법원동부지원 2020.05.13 2019가합108526
양수금
Text

1. The Plaintiff:

A. As to KRW 454,841,257 and KRW 300,00,000 among them, Defendant A Co., Ltd. shall start from October 22, 2019.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant Corporation”) received each of the loans from the Small and Medium Business Corporation (hereinafter “Corporation”), the amount of KRW 200,000,000 on March 28, 2013, and the amount of KRW 100,000,000 on June 18, 2014 in the form of repayment of principal and interest for three years after two years, respectively.

Defendant B guaranteed the obligation to repay the above loans to the Corporation by setting the guarantee limit on the same day as KRW 240,000,000 each, and KRW 120,000,000.

B. On December 9, 2016, the Corporation transferred the principal and interest claims under the above loan agreement to the Plaintiff, and notified the Defendants of the assignment of claims on January 9, 2017.

C. As of October 21, 2019, the sum of principal and interest under the above loan agreement as of October 21, 2019 is KRW 454,841,257.

(The principal shall be 300,000,000 interest and damages for delay shall be 154,841,257). [Grounds for recognition] A without dispute, each entry in the evidence of subparagraphs A1 through 4, and the purport of the whole pleadings.

2. Determination

A. According to the above facts, the Defendants are jointly and severally liable to pay the amount stated in the order to the Plaintiff, unless there are special circumstances.

B. As to this, the Defendants asserted that around 2012, Defendant corporation did not pay its debt due to its default, but this does not constitute a ground for preventing the Plaintiff’s claim.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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