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(영문) 서울중앙지방법원 2020.04.10 2019가단5308559
양수금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest thereon from September 18, 2015 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. (1) On May 25, 2012, Co., Ltd. (hereinafter “Defendant Company”) loaned KRW 300 million to Defendant B Co., Ltd. (hereinafter “Defendant Company”) at 17% per annum of the loan period, interest rate fluctuation rate, and overdue interest rate. Defendant C and D jointly and severally guaranteed the Defendant Company’s loan obligations within the limit of KRW 360 million.

(2) The Defendant Company did not pay the principal and interest of the loan in arrears and lost the benefit of the loan in accordance with the terms and conditions set forth in the loan agreement. Accordingly, the Defendant Company still remains at KRW 1,487,573,074 (principal KRW 874,789,218, interest 612,783,856) as of October 31, 2019.

(3) On September 29, 2014, the above loan claims were transferred from E to F limited liability companies, from F limited liability companies, to the Plaintiff on May 9, 2018, and the said assignment of claims was notified.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 12, purport of whole pleading

B. According to the above facts of recognition, the Defendants jointly and severally pay to the Plaintiff the principal amount of KRW 100 million and damages for delay, for which the Plaintiff seeks partial claims, out of the claims for the loan with the transfer money, and Defendant C and D are obliged to pay within the guarantee limit.

2. In conclusion, the Defendants jointly and severally pay to the Plaintiff the principal of KRW 100,00,000,000, which the Plaintiff seeks as part of the acquisition amount, and damages for delay calculated at the rate of KRW 17% per annum from September 18, 2015 to the date of full payment. Defendant C and D are liable to pay KRW 360,000,000 each within the guarantee limit. Thus, the Plaintiff’s claim against the Defendants is justified.

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