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(영문) 서울중앙지방법원 2018.05.03 2017가단5152561
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200,000,000 as well as 15% per annum from September 14, 2017 to the date of full payment.

Reasons

1. Comprehensively taking into account the respective descriptions of Gap's evidence Nos. 1 through 7 (including branch numbers if there are serial numbers) and the overall purport of the pleadings as to the cause of the claim, four financial institutions, such as Korean Investment Securities Co., Ltd. (hereinafter "creditor financial institutions"), including four financial institutions, etc. (hereinafter "creditor financial institutions") enter into a loan agreement within the limit of 38 billion won under joint and several sureties (in the case of defendant A and B, he/she was delegated by the above Defendants with the authority of the above Defendants) between the defendant C and D Co., Ltd. whose representative director is the defendant C, and the defendant C entered into a loan agreement within the limit of 1.6 billion won in addition to September 11, 2008, and the creditor financial institutions executed the loan on July 27, 2015.

9.3. On March 3, 2016, the transferee company transferred the above principal and interest of loan to the Plaintiff in sequential order on March 30, 2016, and notified the D Co., Ltd of each transfer at that time, and the above notification was received at that time, and on February 28, 2017, there are 39.6 billion won in outstanding principal of loan as of February 28, 2017, and there is no counter-proof.

According to the above facts, the Defendants, as joint and several surety of each of the above loan agreements, are jointly and severally liable to pay the Plaintiff KRW 200 million and the damages for delay calculated by the rate of 15% per annum from September 14, 2017 to the date of final delivery of the copy of the complaint of this case, to the date of full payment.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.

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