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(영문) 부산지방법원 동부지원 2018.06.21 2018가단202998
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 237,148,563 as well as KRW 150,00,000 among them, from December 26, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 12, 2012, the Small and Medium Business Corporation entered into a policy fund agreement with B to grant a loan of KRW 150 million, and Defendant A jointly and severally guaranteed the debt of the Bank of Bankruptcy.

B. On September 23, 2015, the Small and Medium Business Corporation transferred the total amount of KRW 192,418,854 of the principal and interest of a loan to the Plaintiff, including KRW 150,000,000,000,000,000, to the Plaintiff and the Defendant, and sent notification of the transfer to the obligor by content-certified mail on October 21, 20

(c) interest accrued as of December 26, 2017 shall be KRW 87,148,563, and the rate of delay shall be 15% per annum.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 3, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff a total of KRW 237,148,563 as well as KRW 150,00 as principal and interest of KRW 150,00,00 among them, delay damages at the rate of 15% per annum from December 26, 2017 to the date of full payment.

The defendant asserts to the effect that the actual operator of the non-party B's loan agreement is improper since the defendant is not the nominal lender and the use of the loan, etc. by the non-party C.

However, even if the defendant is not the actual representative of the Dispute Resolution Co., Ltd., the defendant cannot be held liable for guarantee based on the guarantee agreement.

The defendant's argument is without merit.

3. Accordingly, the plaintiff's claim is accepted on the grounds of the conclusion.

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