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(영문) 부산지방법원동부지원 2017.05.26 2016가합104516
양수금
Text

1. The Plaintiff:

A. As to KRW 421,695,030 and KRW 298,073,592 among them, Defendant A Co., Ltd., from July 1, 2015 to 2016.

Reasons

1. Basic facts

A. On June 17, 2010, the Small and Medium Business Corporation entered into a loan agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to repay the principal and interest in equal every three months every two years after the repayment was made one year with the interest rate of 300,000,000 won per annum, 4.8% per annum, 12% per annum, 12% per annum, and 30 million won per annum after the repayment was made. On June 18, 2010, the Small and Medium Business Corporation carried out the loan of 300,000,000 won to the Defendant Co., Ltd. (hereinafter “instant loan”).

On June 17, 2010, Defendant C, the representative director of Defendant C, was jointly and severally liable for the refund of the instant loan to the Small and Medium Business Corporation, with the guarantee limit of KRW 360,000,000.

B. On September 23, 2015, the Small and Medium Business Corporation transferred the principal and interest claim of the instant loan to the Plaintiff. On the same day, the Defendants sent the assignment to the Defendants by way of content-certified mail, and around that time, the said content-certified mail sent to the Defendants.

C. As of June 30, 2015, the principal and interest of the instant loan as of June 30, 2015 are 421,695,030 won in total, 298,073,592 won in principal and interest, delay damages, and 123,621,438 won in total.

[Ground of recognition] The items of evidence Nos. 1-1, 2, 3, and 2-1, 2, 3, 4, and 3-2, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant Company is obligated to pay the Plaintiff, the assignee of the principal and interest of the instant loan, the total amount of KRW 421,695,030, and the principal amount of KRW 298,073,592 from July 1, 2015 to September 21, 2016, the service date of the original copy of the instant payment order, 12% per annum, and 15% per annum, as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment. Defendant B and C are jointly and severally liable to pay the Plaintiff KRW 360,00,000, which is the maximum amount of guarantee.

B. As to this, the Defendants raised objection against the Plaintiff’s Defendant Company.

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