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(영문) 서울동부지방법원 2015.07.03 2014가단118735
양수금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 53,98,203 and KRW 24,531,854 among them

A. Defendant A, Inc.

Reasons

1. Facts of recognition;

A. On October 24, 2008, the non-party National Agricultural Cooperative Federation (hereinafter referred to as the "Agricultural Cooperative Federation") loans a gold of KRW 180,00,000 to Defendant A Co., Ltd. (hereinafter referred to as the "FF") to repay the repayment method in full on October 23, 2009; ② to repay the repayment method in full on the expiration date of the extension period; ③ to pay the interest rate of KRW 4.39% (10.54%) at the interest rate of KRW 4.39% (10.54%) at the interest rate of KRW 30 days in arrears; ④ to pay delay damages rate of KRW 1.30 days in delay ± (6%) ± 365;

2. If the period in arrear is between 31 days and 90 days, the number of days in arrear calculated from the first date in arrear ¡¿ (7%) ¡À365;

3.If the period of arrears is at least 91 days, the number of days in arrears calculated from the date of the first arrears ¡¿ (9%) ¡À365 per annum, 15 per annum, if the period is less than 15 per annum, and 19 per annum if the period exceeds 19 per annum, respectively.

B. Defendant B, C, and Nonparty D are above.

A joint and several guarantee was made for the obligations of the loan.

C. On December 17, 2013, the National Agricultural Cooperatives Federation transferred the above principal and interest of loan to the Plaintiff, and at that time notified Defendant A of the assignment of loan.

Defendant A corporation has set the due date for the repayment of principal and interest of loan, and the applicable interest rate as of February 26, 2010, which is the last transaction date, 7.27%, and 15.8%, and the overdue interest rate as of February 24, 2014, were 58,98,203 won in total, 29,531,854 won, interest and overdue interest and overdue interest and 29,46,349 won as of February 24, 2014.

E. One of the joint and several sureties D is the Plaintiff on March 20, 2014.

As in the same paragraph, 5,00,000 won out of the total amount of 29,531,854 won received was repaid.

[Grounds for recognition] Evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of recognition, the defendants, who are the principal debtor or joint and several sureties, jointly and severally sought 53,98,203 won (=24,531,854 won as of March 20, 2014, interest and overdue interest 29,46,346 won as of February 24, 2014) and the principal 24,531,854 won among them.

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