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(영문) 서울중앙지방법원 2014.12.24 2014가합33562
양수금
Text

1. The Defendant’s annual interest in KRW 128,035,587 and KRW 89,021,060 among the Plaintiff, from February 25, 2014 to March 20, 2014.

Reasons

1. Facts of recognition;

A. On July 30, 2008, 2008, Korea Bank Co., Ltd. (hereinafter “Korea Bank”) set a loan at the rate of KRW 620,000,000 for corporate facilities general funds to Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) at the rate of KRW 3.31% per annum, 17% per annum less than three months, and 19% per annum for not less than three months.

On July 29, 2008, the defendant jointly and severally guaranteed the debt to the non-party company's bank within the limit of KRW 250,000,00.

B. On June 29, 2011, our bank transferred its claim to the Plaintiff with respect to the non-party company, and notified the non-party company of its assignment on July 1, 2011.

From December 30, 2011, the non-party company lost the benefit of time due to delay in payment of interest.

C. The debt to the Plaintiff of the non-party company is KRW 89,021,060, interest 39,014,527, total of KRW 128,035,587, the balance of the loan principal as of February 24, 2014.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1-5, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff 128,035,587 won and the principal amount of KRW 89,021,060 from February 25, 2014, which is the day following the above basic date until March 20, 2014, the delivery date of the original copy of the payment order in this case, to the Plaintiff at the rate of 17% per annum for delay requested by the Plaintiff and at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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