(영문) 서울중앙지방법원 2015.04.07 2014가단5087970

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(영문) 서울중앙지방법원 2015.04.07 2014가단5087970

양수금

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1. The Plaintiff:

A. As to Defendant A’s KRW 69,535,357 and KRW 36,344,240 among them:

B. Defendant B is Defendant A.

Reasons

1. 11,344,240 12,56,582 1,511,14 25,411,936 24,707,345 1,332,054 17,039,399 3,500,000 on October 24, 2002, 200,707,345 1,332,054 17,039,39 3,500,000,000,000,000,000,000,005, 9401,98,09,0827,0827,084,0229,535,357 on May 29, 2006;

A. As of March 12, 2014, Defendant A bears the principal and interest of loans indicated in the table following the lapse of the due date as of March 12, 2014, and Defendant B jointly and severally guaranteed the obligations of loans listed in Nos. 2.

B. On June 21, 2013, the Plaintiff received from the said lending institution the claims listed in No. 1, and the claims listed in No. 2 and No. 3 as of June 28, 2013, respectively. Upon delegation from the said lending institution, the Plaintiff notified Defendant A of the assignment of claims on March 31, 2014.

C. The interest rate on each of the above loans shall be 16.5% per annum.

[Grounds for recognition] Evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of claim, Defendant A is obligated to pay the sum of the principal and interest of the above loans of KRW 69,535,357 as well as KRW 36,344,240 as to the principal and interest of KRW 17,039,399 as well as KRW 10,000 as to the principal and interest of KRW 16.5% as of March 13, 2014 as of the following day of the above basic date until the day of full payment.

B. As to the Defendants’ defense, the Defendants exempted the Defendants’ defenses exceeding KRW 15 million out of the loans set forth in Nos. 2 and 3 5 million.

(B) The amount of the business reserve 8,871,831 won that Defendant B has against South Dong-dong shall be set off against the equivalent amount of the loans described in No. 2.

(2) (A) The Defendants’ assertion on this part is without merit, inasmuch as there is no evidence to acknowledge that agricultural cooperatives, as to whether to partially exempt the loans, exempted the loans in excess of KRW 15 million out of the loans 2 and 3.

(B) According to the evidence Nos. 1 and 2 as to whether a set-off is set-off, Defendant B.

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