logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.05.31 2018가단200824
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 372,296,234 as well as KRW 72,765,515 as from December 5, 2017.

Reasons

1. Basic facts

A. On January 20, 2003, Defendant A entered into a loan agreement of KRW 83,000,000 with Korea Light Bank Co., Ltd. (hereinafter “Korea Bank”) on the loan of KRW 83,00,000, and Defendant C jointly and severally guaranteed the above loan obligations of Defendant A.

B. A. The above from Korea Light Bank

On October 29, 2015, SB Savings Bank, which acquired loan claims as stated in paragraph (1) (hereinafter “instant loan claims”), transferred the instant loan claims to the Plaintiff on October 29, 2015, and notified the Defendants of the assignment of claims.

C. As of December 4, 2017, the instant loan claim expired, and the remaining principal amount is KRW 72,765,515, and the total overdue interest is KRW 299,530,719, and the overdue interest rate is KRW 15% per annum.

[Ground for recognition] Unsatisfy

2. According to the facts of the determination as to the cause of the claim, Defendant A, the principal debtor of the instant loan claim, and Defendant C, the joint and several surety, are jointly and severally liable to pay the Plaintiff, the assignee of the instant loan claim, the principal and interest of KRW 372,296,234 as of December 4, 2017 (i.e., the principal and interest of KRW 72,765,515, the interest of KRW 29,530,719, the principal and interest of KRW 299,530,719), and the principal and interest of KRW 72,765,515, which are the principal and interest of KRW 72,765,515 from December 5, 2017 to the date of full payment.

3. Defendant C’s assertion: (a) all of the facts of the allegation of the cause of the instant claim are recognized; (b) however, the appellate trial on the decision of refusing to grant immunity to himself/herself is underway; (c) thus, the Plaintiff’s claim is unjust.

On September 27, 2016, Defendant C was declared bankrupt by Busan District Court 2016Hadan1846, and Defendant C requested exemption from liability on March 17, 2017 by applying for each of the court 2016Ma1846, but was declared bankrupt on March 17, 2017. However, on June 14, 2017, Defendant C was subject to a decision to discontinue the bankruptcy and a decision not to grant exemption from liability.

arrow