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Reasons
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(영문) 서울동부지방법원 2017.09.14 2017가단101813
양수금
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1. The Defendant’s KRW 111,778,729 within the scope of KRW 520,00,000 and its weight, among the Plaintiff:

(a) 14,739,030 won;

Reasons

1. Facts of recognition;

A. On January 27, 2011, the Smart Savings Bank Co., Ltd. (hereinafter “ smart Savings Bank”) extended a loan of KRW 32,000,000 (hereinafter “instant first loan”) and KRW 60,000,000 (hereinafter “instant second loan”) to B with the Defendant’s joint and several liability.

B. For the same day B, the Defendant prepared and awarded to the Smart Savings Bank a probationary guarantee amount of KRW 520,000,000, the guarantee amount of the root guarantee amount to the Smart Savings Bank.

C. As of November 30, 2016, the principal amount of the instant loan No. 1 remains in KRW 14,739,030, and the total amount of interest up to that date remains in KRW 14,120,287, and the instant loan No. 2 remains in KRW 21,790,043, and the total amount of interest up to that date is KRW 61,129,369.

The rate of damages for delay prescribed in the Smart Savings Bank shall be 23% per annum with respect to the first loan of this case, and 35% per annum with respect to the second loan of this case.

E. On the other hand, on May 28, 2015, the Smart Savings Bank transferred claims for loans Nos. 1 and 2 of this case to the Plaintiff. On June 17, 2015, to B, and on May 17, 2016, notified the Defendant of each assignment of claims.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 6 (including paper numbers), the purport of the whole pleadings]

2. Determination

A. According to the facts of the determination as to the cause of the claim, the defendant shall pay to the plaintiff 11,778,729 won, which is the sum of principal and interest of the first and second loans of this case within the limit of KRW 520,00,000 (=14,739,030,030, the principal of the first loans of this case of KRW 14,79,120,287, the principal of the second loans of this case of KRW 21,790,043, the principal of the second loans of this case of KRW 21,790,043, the principal of the second loans of this case of KRW 14,739,030, the principal of the second loans of this case of KRW 14,739,00,000,000 from December 1, 2016 to the settlement day of damages for delay from the settlement day of the settlement day of KRW 21,714,201.

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