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(영문) 서울중앙지방법원 2015.05.29 2015가합518756
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,335,341,737 and KRW 1,069,463,497.

Reasons

1. The following facts can be acknowledged according to the purport of each of the statements and arguments as stated in Gap evidence Nos. 1 and 4.

Defendant A (hereinafter “Defendant A”) entered into a credit transaction agreement with Daejeon Mutual Savings Bank on November 19, 2009 with a rate of delay compensation at 21% per annum and the due date on November 19, 2010 and received loans from the said Bank.

At this time, Defendant B, C, and D (hereinafter “Defendant D”) jointly and severally guaranteed Defendant A’s obligation to borrow loans with the limit of guarantee KRW 1,430,00,000.

B. The Plaintiff received the aforementioned claims from Daejeon Mutual Savings Bank on September 5, 201. The sum of the principal and interest of Defendant A’s loan on the basis of the same day reaches KRW 1,335,341,737 (the loan principal KRW 1,069,463,463,497 delay damages in KRW 265,878,240). Accordingly, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay at a rate of 21% per annum from September 5, 2011 to the date of full payment.

(4) The plaintiff's claim against the defendant A is justified, and each claim against the defendant B, C, and D is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench. The plaintiff's claim against the defendant A is justified. The plaintiff's claim against the defendant is accepted within the scope of the above recognition, and the plaintiff's claim against the defendant B, C, and D is dismissed as it is without merit.

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