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(영문) 서울중앙지방법원 2018.05.29 2017가합39141
양수금 채권 청구의 소
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 344,786,326 and KRW 223,068,111 among them.

Reasons

1. Indication of claim;

A. On August 3, 2011, New Capital Co., Ltd. agreed to lend KRW 300,000,000 with Defendant A at an interest rate of KRW 23% per annum and two years after the due date to pay the principal and interest for each month, and around that time, Defendant A paid KRW 300,000,000 to Defendant A. Defendant B guaranteed the said obligation on August 3, 201.

B. On August 31, 2012, the Plaintiff acquired all of the remaining principal, interest, or delay damages (total amount of claims KRW 223,068,111, the remaining principal, and the remaining principal amount, KRW 154,502,348) of the loan against Defendant A from New Capital Co., Ltd. and notified the Defendants of the said transfer of the said loan on behalf of the new Capital Co., Ltd. on January 19, 2016.

C. Defendant A is the principal obligor under the above loan contract. Defendant B is jointly and severally and severally and severally a transferee of the loan claim. Defendant B is jointly and severally liable to pay interest of KRW 344,786,326 (interest of KRW 154,502,348 on the remaining principal amount of KRW 154,502,348 up to August 30, 2012 or delay damages of KRW 68,565,763 up to the remaining principal amount of KRW 68,563 from August 31, 2012 to November 29, 2017, and damages for delay calculated at the rate of 121,718,215 per annum from November 29, 2017 to KRW 23,068,111 (the remaining principal amount of KRW 154,502,348) to the Plaintiff, the transferee of the loan claim, as the final payment damages of KRW 58,56365,789.1).

2. The Plaintiff partially dismissed the part of the Plaintiff: (a) sought payment of KRW 175,734,891 for delay damages from August 31, 2012 to November 29, 2017, on the premise that the remaining principal of the loan receivables against Defendant A was KRW 223,068,111 at the time of acquisition by transfer of the claim from New Capital Co., Ltd.; and (b) sought payment of KRW 223,068,111 for the remainder of the loan receivables against Defendant A.

However, according to the statement in Gap evidence No. 5, the plaintiff's loan claims against the defendant A acquired by the plaintiff.

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