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(영문) 서울북부지방법원 2015.06.19 2014가단122242
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 93,537,474 and KRW 90,362,732 from May 11, 201 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 2, 2013, Hyundai Social Co., Ltd. (hereinafter “B”) loaned KRW 100,000,000 annually, interest rate of KRW 13.9% per annum, interest rate of arrears rate of KRW 25.9% per annum, and interest and interest rate of KRW 49 months on condition of installment repayment (hereinafter “instant loan”), and the Defendant jointly and severally guaranteed the instant loan obligations.

B. After that, B lost the benefit of time due to the delinquency in repayment of the principal and interest of the instant loan. At the time of May 10, 2014, the instant loan obligations amounting to KRW 93,537,474 (principal KRW 90,362,732 among them).

C. On June 3, 2014, Hyundai Social Co., Ltd transferred the instant loan claims to the Plaintiff, and around June 5, 2014, notified the Defendant of the assignment of claims.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 12, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendant, a joint and several surety of the instant loan obligation, is obligated to pay the Plaintiff, a transferee of the instant loan claim, the remaining principal and interest of KRW 93,537,474 as of May 10, 2014, and delay damages calculated at the rate of 25.9% per annum, which is the overdue interest rate of KRW 90,362,732, out of which principal and interest, as sought by the Plaintiff.

B. The judgment of the defendant's assertion is that the defendant assumed office as the representative director B upon C's request, but all of the practical operation of the company was C, and the defendant only dealt with the business according to C's instruction.

The loan of this case also asserts to the effect that it cannot respond to the plaintiff's request because it was conducted according to C's instructions by promising C to hold all civil and criminal responsibilities.

The defendant's assertion is not only an internal agreement between the defendant and C, and thus it cannot be asserted against the plaintiff. Thus, the defendant's assertion is not accepted.

3. In conclusion, the plaintiff's claim of this case is justified and it is ordered to accept it.

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