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(영문) 서울동부지방법원 2018.06.08 2018가단101896
양수금
Text

1. The Defendant’s KRW 78,612,189 and KRW 61,193,369 among them shall be 15% per annum from February 20, 2018 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in evidence Nos. 1 through 1016, Nonparty B obtained a loan of KRW 70,00,000 per annum from Agrod Capital Co., Ltd. on March 23, 2011, overdue interest of KRW 28% per annum, overdue interest of KRW 48%, and 48 months on the condition of equal repayment of principal and interest. The Defendant jointly and severally guaranteed the above loan obligations. The Defendant transferred the above loan claims to Dlim Asset Management Loan Co., Ltd. on August 29, 2013, and notified the Defendant of the assignment of the credit at that time. On December 30, 2014, Dlim Asset Management Loan Co., Ltd. transferred the above loan claims to the Plaintiff and notified the Defendant of the assignment of the credit by mail on January 20, 2015, the Defendant did not recognize the remaining principal and interest of KRW 30,196,3718,816,298

2. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant, as a joint and several surety for the above loan obligation, is obligated to pay damages for delay calculated at the rate of 15% per annum from February 20, 2018 to the day after the delivery of a copy of the complaint in this case, as sought by the Plaintiff, to the Plaintiff, the assignee of the above loan obligation, as the principal of KRW 78,612,189 and the principal of KRW 61,193,369.

3. The defendant's argument as to the defendant's assertion is that there is no joint and several liability because the defendant and B are not the defendant and the married couple or the legal married couple according to each of the statements in Section 1, 6, 7, 810, 11, as well as the defendant and the married couple, because they are not the person who holds a Class 1 driver's license for the 25t dump truck and the person who holds a 1st dump truck in order to meet the requirements for loan qualification requirements in addition to the submission of a license.

The seal impressions, such as the loan agreement of this case and the application for partial exemption of the amount of credit, are all the defendant, and the body is the same, and the above.

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