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(영문) 서울중앙지방법원 2015.08.13 2014나71261
양수금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant shall be jointly and severally with the co-defendant A of the first instance trial.

Reasons

1. Facts of recognition;

A. On September 30, 2008, Co-Defendant A of the first instance trial borrowed KRW 57,000,000 from the Ulsan Savings Bank (hereinafter “SB 4 Savings Bank”) towing Co., Ltd. (hereinafter “SB 4 Savings Bank”) at the rate of 12% per annum on March 30, 2009 and 21% per annum on the expiration date of the loan, and the Defendant jointly and severally guaranteed the above loan debt amount of KRW 79,800,000 on the same day to the extent of KRW 79,80,000.

B. On June 21, 2013, the Plaintiff acquired the principal and interest of the loan from the Bank of SBA 4 Savings, and notified A of the fact that the principal and interest of the loan was transferred to A on December 31, 2013 under the authority delegated by SBA 4 Savings Bank.

C. As of January 21, 2014, A’s total sum of the principal and interest of the loan obligation is KRW 106,238,904 (i.e., principal and interest of KRW 55,000,000 and damages for delay, KRW 51,238,904). The overdue interest rate determined by the Plaintiff with respect to the purchase claim is 17% per annum.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to the above facts of determination, the defendant is jointly and severally liable to pay KRW 78,90,000,000, out of the maximum amount of guarantee, to the plaintiff who has acquired the above loan claims with co-defendant A of the first instance trial.

3. As such, the plaintiff's claim against the defendant in this case is accepted on the grounds of its reasoning, and since the part against the defendant in the judgment of the court of first instance is unfair on the grounds of its conclusion, it is so revoked, and it is ordered to order the plaintiff to pay the above amount.

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