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(영문) 서울북부지방법원 2018.12.20 2017나38851
양수금
Text

1. The part of the judgment of the court of first instance against Defendant A shall be revoked.

2. Defendant A Co., Ltd. shall be the Plaintiff on 100.

Reasons

1. Determination as to the claim against Defendant A

A. 1) The Industrial Bank of Korea on June 16, 201 (hereinafter “Defendant Company”) is the Defendant Company A (hereinafter “Defendant Company”).

(3) The interest rate of 3 billion won on the subject of the loan for small and medium enterprise facilities shall be 14% per annum if the interest rate on the change [1.98% per annum if the delay period is less than one month, 8% per annum if the delay period is less than one month but less than three months, 9% per annum if the delay period is less than one month, 14% per annum if the delay period is less than three months, and 10% per annum if the delay period is more than three months) and 21% per annum if the delay period exceeds 3 months (hereinafter “the instant loan”).

(2) On August 28, 2014, the Industrial Bank of Korea transferred the instant loan claim to SBA 3 Savings Bank. On October 16, 2014, SBA 3 Savings Bank was entrusted with the authority to notify the said assignment of claim and notified the Defendant Company of the said assignment of claim.

3) On March 15, 2016, SBA Savings Bank transferred the instant loan claims to the Plaintiff. On July 31, 2017, the Plaintiff was delegated with the authority to notify the assignment of claims, and the Plaintiff notified the Defendant Company of the assignment of claims. 4) The instant loan claims remain in KRW 288,410,958 as of January 3, 2017.

【Ground of recognition】 Evidence Nos. 1 and 3, Evidence Nos. 4-1, 2, 6, 7, and 8, respectively, and the purport of the whole pleadings

B. According to the above findings of determination, the Defendant Company is obligated to pay KRW 100 million upon the Plaintiff’s partial claim out of KRW 288,410,958 of the balance of interest or interest in arrears to the Plaintiff, the transferee of the instant loan claim.

2. Determination as to the claim against the defendant B

A. Defendant B, which caused the Plaintiff’s claim, jointly and severally guaranteed the Defendant Company’s loan obligations.

Therefore, Defendant B, a joint and several surety, is the transferee of the instant loan claim jointly and severally with the Defendant Company as the principal obligor.

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