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(영문) 서울서부지방법원 2016.06.02 2014가합33482
양수금
Text

1. Defendants are jointly and severally liable to the Plaintiff for KRW 249,971,830 and KRW 124,144,801 among them, Defendant A shall be jointly and severally liable to the Plaintiff on March 25, 2016.

Reasons

1. Facts of recognition;

A. 1) On four occasions as follows, Dong community credit cooperatives loaned money to Defendant A (name prior to correction: C). On September 27, 2008, the interest rate of the loan due on September 27, 2008, 170,000,000 8.2% 18% on October 6, 2004, 2006, 18% on July 6, 2006, 200,007.6% on August 6, 2006, 11, 2000,000,000, 18% on August 20, 2005, 200, 18% on the loan due date on August 26, 2007, 2009, 18% on loan and 200,50% on other debt guaranteed by Defendant community credit cooperatives and 5% on August 29, 2005.

B. 1) On May 15, 2012, the company borrowed money and its delay damages claims against Defendant A were transferred to the Defendant from the Handong Community Credit Cooperatives on May 15, 2012. On June 2012, the Dongdong Community Credit Cooperatives notified the Defendants of the transfer of the said claim. The notification of the transfer reached the Defendants around that time. (2) On January 25, 2013, the Plaintiff was transferred all of the loans and its delay damages claims against Defendant A, and the said company was notified to the Defendants around January 6, 2013. The notification of the transfer was reached to the Defendants around that time.

C. Meanwhile, among each of the above loans, the amount of principal not paid by the Defendants is KRW 124,144,801, and the total amount of debt, including delay damages, is KRW 249,971,830 as of the date of closing argument.

[Reasons for Recognition] Defendant A: The fact that there is no dispute over the judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act) and the purport of the whole pleadings and arguments as to Gap's evidence Nos. 1 through 13

2. The assertion and judgment

A. According to the above facts of recognition, barring any special circumstance, with respect to KRW 249,971,830 and KRW 124,144,801 among them, the Defendants are jointly and severally calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the day of delivery of a copy of the instant complaint (Defendant A: March 25, 2016; November 19, 2015) to the day of full payment, as the Plaintiff seeks.

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