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(영문) 서울중앙지방법원 2019.09.05 2019가합546162
양수금 및 보증채무금
Text

1. The defendant jointly and severally with the non-party C Co., Ltd. to the plaintiff KRW 300,000,000 and its amount from April 13, 2019 to April 2019.

Reasons

1. The following facts may be acknowledged in accordance with the purport of Gap evidence Nos. 1 to 5 and the whole pleadings:

C A. On April 29, 2016, at an interest rate of 4.83% (15% per annum) per annum, and on April 29, 2017, interest, etc. at an overdue rate of at least one month, C obtained an industrial operating capital loan with the purport that the benefit of time would be lost and the debt would be repaid immediately (hereinafter “instant loan”), and the Defendant jointly and severally guaranteed the obligation of the instant loan at the time.

(hereinafter “instant guarantee”). B.

C lost the benefit of time due to the failure to repay the debt of this case at once.

C. On April 19, 2017, Korea Development Bank entered into an asset acquisition agreement with D Co., Ltd. (hereinafter “D”) to transfer the instant loan claims to D, and D has the same year.

5. On 18. 18. The Plaintiff entered into an asset acquisition agreement under which D would transfer all the rights and obligations under the above asset acquisition agreement to the Plaintiff, and accordingly, the instant loan claims were assigned in sequence to the Plaintiff via D.

Korea Development Bank for the same year

5. On 19. 19. C sent a content-certified mail notifying the Plaintiff that the instant loan claim was transferred to C through the above transfer contract, and around that time, the content-certified mail reached C.

The claim amount of the instant loan is KRW 950 million as of April 12, 2019, the principal is KRW 950 million, and the interest and delay damages are KRW 332,634,393 (i.e., accrued interest and delay damages (i., accrued interest 64,244,558 won (i.e., accrued interest 64,244,558 won) calculated as 13.34% per annum from February 28, 2017 to April 12, 2019).

2. According to the above facts of determination as to the cause of the claim, the defendant, who is a joint and several surety under the instant guarantee, is jointly and severally between C and the plaintiff who acquired the instant loan claims.

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