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(영문) 서울중앙지방법원 2015.01.28 2014가합581153
양수금
Text

1. The Plaintiff:

A. As to KRW 311,224,651 and KRW 200,00,00 among them, Defendant Limited Liability Company A shall start from October 23, 2014.

Reasons

1. Facts of recognition;

A. On March 31, 2009, the Small and Medium Business Corporation granted a loan to Defendant A limited liability company (hereinafter “Defendant A”) at the rate of KRW 200 million due on March 30, 2012, interest rate of KRW 5.09 per annum, interest rate of KRW 12% per annum, and delay damages rate of KRW 12% per annum (hereinafter “first loan”). On the same day, Defendant B guaranteed a joint and several surety to the Small and Medium Business Corporation with the total guarantee limit of KRW 240 million as the total guarantee limit of KRW 240 million.

B. On March 31, 2009, the Small and Medium Business Corporation extended a loan to Defendant A at the rate of 300 million won on March 27, 2015; rate of 4.84% per annum; and rate of damages for delay 12% per annum.

(hereinafter referred to as “second loan”). (c)

On May 25, 2012, the Small and Medium Business Corporation transferred Nos. 1 and 2 loans to the Plaintiff, and notified the Defendants thereof on July 2012.

On October 22, 2014, the details of principal and interest of loans Nos. 1 and 2 as of October 22, 2014 are as listed in the following table:

The interest (A) interest (B) on the balance of principal (B) interest (B) (C) 1 loans 200,000,000 won 19,898,079 won 61,479,452 won 281,377,531 won 29,847,120 won 29,847,120 won 31,224,651 won / [based on recognition] 1 through 5 (including the number of points) of each statement, the purport of the entire pleadings

2. According to the above facts of determination, Defendant A, the primary debtor, is obligated to pay to the Plaintiff, the assignee, the total sum of KRW 311,224,651 of the principal and interest of KRW 31,251 of the loans and KRW 200,00,000 of the principal and interest of KRW 1 of the loans from October 23, 2014, which is the date following the date of calculating the principal and interest, to December 30, 2014, the agreement rate of KRW 12% per annum from October 23, 2014, and KRW 20% per annum from the following day to the date of full payment under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. Defendant B, the joint and several surety, is jointly and severally with Defendant A, who is a joint and several surety, the total sum of principal and interest of KRW 281,37,531 of the loans and KRW 120,000 among the above principal and interest.

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