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(영문) 부산지방법원동부지원 2019.08.21 2019가합103460
양수금
Text

1. The defendant shall pay 300,000,000 won to the plaintiff jointly and severally with the corporation B.

2. The plaintiff's remaining claims.

Reasons

1. Facts of recognition;

A. B Co., Ltd.: (a) determined the Small and Medium Business Corporation’s interest rate of KRW 3.85,00,000 per annum on January 9, 2012; (b) the interest rate of KRW 3.85,000 per annum; and (c) the interest rate of KRW 10,000,000 per annum on November 2, 2012; and (d) received loans, respectively, at the interest rate of KRW 4.52,00 per annum and 12% per annum.

On January 9, 2012, the Defendant set the limit of guarantee amount to KRW 180,00,000, and the limit of guarantee amount to KRW 120,00,000 for loans on November 2, 2012, respectively.

B. On December 14, 2017, the Small and Medium Business Corporation transferred the above loan claims and its subordinate claims to the Plaintiff, and notified the Defendant and B of the assignment of claims on January 31, 2018.

C. The sum of the above loans is KRW 382,811,453 as of March 10, 2019 (principal KRW 250,000,000, interest and delay damages).

[Grounds for recognition] Gap 1, Gap 2-1, 2, 3, Gap 3-1, 2, Gap 4-1, 2-2, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is jointly and severally liable to pay KRW 300,000,000 to the plaintiff, which is the maximum amount of collateral guarantee, to the plaintiff.

3. The dismissed part.

A. In addition to each loan as of January 9, 2012 and November 2, 2012, the Plaintiff asserted that the Defendant jointly and severally guaranteed KRW 150,00,000 as of January 11, 2012 and KRW 100,000 as of November 7, 2012, but the evidence submitted by the Plaintiff alone is insufficient to acknowledge the same fact.

The Plaintiff appears to have mistakenly stated each of the loans on January 9, 2012 and November 2, 2012 as the respective loans on January 11, 2012 and November 7, 2012.

B. The Plaintiff seeks payment of the principal and interest exceeding KRW 300,000,000, which is the Defendant’s guarantee limit. However, since the amount of the maximum guarantee limit includes both the principal and interest thereon, and damages for delay, the Plaintiff is obligated to pay only such limit amount, the part seeking payment exceeding KRW 300,000 is without merit.

4. The defendant's argument as to the defendant's assertion

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