logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.14 2016가합924
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 500,000,000 and the interest rate thereon from November 21, 2015 to the date of full payment.

Reasons

1. On August 14, 2012, the National Bank of Korea (hereinafter “National Bank”) established and lent a loan of KRW 1.75 billion to Defendant Law Firm (hereinafter “Defendant Company”) at the interest rate of KRW 5.41% per annum, the due date of reimbursement of KRW 1.8% per annum, and the due date of reimbursement of KRW 1.8% per annum. Defendant B jointly and severally guaranteed the Defendant Company’s obligation to pay the said loan amount of KRW 780,000,000,000.

On September 2, 2015, the National Bank transferred the above loans to the Plaintiff, and the said bank notified the Defendant Company of the transfer of the above loans on September 3, 2015.

As of November 20, 2015, Defendant Company lost its profits on the above loans, the principal and interest on the remaining loans of Defendant Company as of November 20, 2015 are KRW 1,821,020,176 (= Principal KRW 246,020,176). Damages for delay under the loan agreement of this case are 15% per annum.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 5 (including virtual numbers), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff part of KRW 500 million of the principal and interest of the loans remaining 1,821,020,176, and damages for delay calculated at the rate of 15% per annum, which is the interest rate for delay damages, from November 21, 2015 to the date of full payment. However, Defendant B is jointly and severally liable to pay the said money within the limit of KRW 780,000,000,000,000,000,000

(A) The plaintiff filed a claim against the defendant B for the payment of damages for delay for which no limit is imposed on the principal amount of KRW 500 million. However, as seen above, the above defendant jointly guaranteed the above obligation by setting the guarantee limit amount of KRW 780 million, and the above guarantee limit amount includes damages for delay, and thus the plaintiff's assertion in excess of the above recognition limit is not acceptable). 3. The judgment as to the defendants' assertion on March 3.

A. The Defendants are the defendants.

arrow