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(영문) 서울중앙지방법원 2016.11.14 2016가단5038958
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 182,158,147 and KRW 40,010,000 among them, from February 19, 2016.

Reasons

1. Basic facts

A. On June 17, 2008, Solomon Mutual Savings Bank (hereinafter “ Solomon Mutual Savings Bank”) entered into a credit transaction agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”), setting the credit limit amount of KRW 250,000,000, the credit period from June 17, 2008 to June 17, 2013, the interest rate of KRW 10.5% per annum, and the delay compensation rate of KRW 25% per annum. At that time, Defendant B entered into a credit transaction agreement with Defendant A with Defendant A (hereinafter “Defendant A”). At that time, Defendant A set loans to Defendant A as KRW 325,00,00,00 as a joint and several surety.

(hereinafter “instant loan”). (b)

On March 28, 2012, Solomon Mutual Savings Bank transferred to the Plaintiff the claims for the instant loans against the Defendants, and around that time notified the Defendants of the assignment of the said claims.

C. After doing so, the Plaintiff received dividends of KRW 209,989,997 as a creditor requesting auction and a mortgagee of the right to request auction on April 24, 2013, the date of distribution of real estate auction procedure D, which is the Seoul Seo-gu Seoul Western District Court 104, 203, and appropriated the Plaintiff’s claim for the instant loan as of February 18, 2016 for the repayment of the instant loan claims. As of February 18, 2016, the Plaintiff’s claim for the instant loan remains in KRW 40,010,003, interest KRW 142,148,144, a sum of KRW 182,158,147.

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

2. Determination:

A. According to the facts of the determination as to the cause of the claim, Defendant A is the principal debtor. Defendant B is jointly and severally a joint and several surety, and as to the Plaintiff’s total debt of the instant loan amounting to KRW 182,158,147, and the principal amount of KRW 40,010,000,000, the agreed interest rate of KRW 25% per annum from February 19, 2016 on the following day to the date of full payment, and Defendant B is liable to pay the said money within the limit of KRW 325,00,00,000, which is the limit of collateral guarantee amount.

B. As to the defendants' assertion, the defendants of this case.

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