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(영문) 수원지방법원안양지원 2019.10.31 2019가단107928
양수금
Text

1. The defendant shall pay 38,400,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

Basic Facts

Around April 17, 2012, the Defendant: (a) borrowed 32 million won from D Co., Ltd. (hereinafter “D”); (b) at the interest rate of 7.95% per annum (including fees, 8.94% per annum); (c) the overdue interest rate of 24% per annum; and (d) the repayment period of 12 months (hereinafter “instant loan”); and (c) the Defendant jointly and severally guaranteed the instant loan obligations at the maximum amount of 38.4 million won.

C When delay in the payment of the principal and interest of the instant loan, D transferred the instant loan claim to the Plaintiff on May 23, 2016, and on April 16, 2019, the Plaintiff sent the original copy of the instant payment order to C, the primary debtor, and notified the transfer of the said claim.

The principal and interest of the instant loan as of November 28, 2018 is KRW 71,344,171 (= Principal KRW 29,851,038 in overdue interest of KRW 41,493,133).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and the facts of recognition as above are as to the purport of the whole argument, barring special circumstances, the defendant is obligated to pay KRW 38.4 million, which is the highest amount of the defendant's joint and several surety debt obligations, to the plaintiff, the transferee of the loan claim of this case, as joint and several surety of this case, to the plaintiff, the transferee of the loan claim of this case.

In regard to this, the defendant asserted that C, the principal debtor of son, was to pay to the plaintiff, but the defendant, the joint guarantor, cannot oppose the plaintiff on the ground of an agreement between C and the defendant, the principal debtor.

Therefore, the defendant's above assertion is without merit.

In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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