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(영문) 서울동부지방법원 2017.04.06 2016가단139156
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 139,613,507 and KRW 91,276,810 among them. From August 18, 2016.

Reasons

1. Facts of recognition;

A. On April 23, 2010, the Jeonbuk Bank Co., Ltd. (hereinafter “former Northern Bank”) lent a total of KRW 1,400,000 to C on the same day, and D and Defendant B jointly and severally guaranteed the guarantee amount of KRW 1,430,00,000 for C on the same day, and Defendant A jointly and severally guaranteed the guarantee amount of KRW 1,430,000 for C on April 25, 201.

B. On November 21, 2012, 2012, the Jeonbuk Bank transferred the above loan claims to Myd Asset Management Co., Ltd. and Papum Paps Paps Co., Ltd., and the Papum Paps Co., Ltd. transferred the above loan claims to a limited company specialized in asset-backed securitization on December 17, 2012.

C. Around June 28, 2013, 201, the Seoul Specialized Company for the Asset-Backed 52 Asset-Backed Co., Ltd. recovered KRW 1,657,695,334 in the procedure of the auction of the G real estate in the Gunsan District Court for the land and its ground buildings owned by C, and the F land owned D, and appropriated it for the payment of part of the principal and interest on the loan.

After that, on May 27, 2016, the BF specialized in securitization limited company transferred the above loan claims to the Plaintiff.

E. Around June 16, 2016, Jeonbuk Bank, Mys Asset Management Co., Ltd. and Dives Co., Ltd., and Dives Co., Ltd., Ltd., a limited liability company specializing in Dives-backed securitization notified C of the above assignment.

F. As of August 17, 2016, the loan claim amounting to KRW 91,276,810 remains, and the total amount of delay damages up to that period is KRW 48,336,697, and the interest rate on delay damages from the former bank is KRW 16.7% per annum or KRW 21% per annum.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, Gap evidence 8, Eul evidence 3 and 4 (including additional numbers), the purport of the whole pleadings]

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally held the Plaintiff with a total of KRW 139,613,507 = KRW 91,276,810, total of the loan principal plus KRW 48,336.

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