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(영문) 부산지방법원 동부지원 2018.06.26 2017가단219432
양수금
Text

1. The Defendants jointly and severally liable to the Plaintiff for KRW 78,787,951 and KRW 50,000,000 among the costs, from September 11, 2017 to May 8, 2018.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 2, and 3 (including household numbers), the Small and Medium Business Corporation loaned KRW 50,000,000 to defendant A Co., Ltd. (hereinafter "Defendant A") on February 8, 2012 at the rate of 4.06% per annum and 12% per annum on February 9, 2015. The joint and several liability of Defendant B guaranteed Defendant B’s loan obligations; the Small and Medium Business Corporation transferred the loan obligations to the Plaintiff on September 23, 2015; notified the Defendants of the transfer on October 21, 2015; and recognized the fact that the sum of interest and delay damages on the loan as of September 10, 2017 constitutes 28,787,951.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 78,787,951 as well as the amount of KRW 50,00,000,000, whichever is the principal, to the Plaintiff, 12% per annum under the agreement from September 11, 2017 to May 8, 2018, which was finally served on the Defendants by the original copy of the instant payment order, and damages for delay calculated by 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day

2. As to this, Defendant Company asserted that Defendant B was not liable for the repayment of the obligation of the loan to the Plaintiff, but there is no evidence to acknowledge this, and there is no evidence to prove that this is an internal agreement between the Defendants, and that the Plaintiff was exempted from the obligation of Defendant Company. Therefore, Defendant Company’s assertion is without merit.

3. The plaintiff's claim against the defendants is accepted as reasonable.

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